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ACTS

AND

RESOLVES

PASSED BT THE

€nuu\ (^uH 4 ^nmtlxmtiH,

tS THE YEAB

18 8 2,

TOGETHER WITH

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR,

LIST OF THE CIVIL GOVERNMENT, CHANGES

OF NAMES OF PERSONS,

ETC., ETC.

PUBLISHED BY THE

SECRETARY OP THE COMMONWEALTH.

BOSTON:
IfllantJ. ^berg, ^ ^a., printers to t^e C0mmoniDealt!j,

117 Feanklin Sxkebt.
1882.

A CONSTITUTION

FORM OF GOVERNMENT

Fon TUB

Commontocaltlj of iHassacIjuscttg*

PREAMBLE.

The end of the institution, maintenance, and administra- objects of
tioii of government, is to secure the existence of the body government
politic, to protect it, and to furnish the individuals who
compose it with the power of enjoying in safety and tran-
quillity their natural riglits, and the blessings of life : and
whenever these great objects are not obtained, the people
have a right to alter the government, and to take meas-
ures necessary for their safety, prosperity, and happiness.

The body politic is formed by a voluntary association Body pontic,
of individuals: it is a social compact, by which the whole ns'^^itui™!'^'
people covenants with each citizen, and each citizen with
the whole people, that all shall be governed by certain
laws for the common good. It is the duty of the people,
therefore, in framing a constitution of government, to
provide for an equitable mode of making laws, as well as
for an impartial interpretation and a faithful execution
of them ; that every man may, at all times, find his secu-
rity in them.

We, therefore, the people of Massachusetts, acknowl-
edging, with grateful hearts, the goodness of the great
Legislator of the universe, in affordhig us, in the course
of His providence, an opportunity, deliberately and peace-
ably, without fraud, violence, or surprise, of entering into

CONSTITUTION OF THE

an original, explicit, and solemn compact with each other ;
and of forming a new constitution of civil government,
for ourselves and posterity ; and devoutly imploring His
direction in so interesting a design, do agree upon, ordain,
and establish, the following Declaration of Rights, and
Frame of Government, as the CONSTITUTION OF THE COM-
MONWEALTH OF Massachusetts.

Eqnality and
natural rights of
all men.

Right and duty
of public reli-
gious worship.
Protection
therein.
2 Gush. 104.
12 Allen, 129.

Amendment,
Art. XI. Bubsti-
tuted fur this.

Legislature em-
powered to com-
pel provision for
public worship;

PART THE FIRST.

A Declaration of the Rights of the Inhabitants of the
Commonwealth of Massachusetts.

Article I. All men are born free and equal, and have
certain natural, essential, and unalienable rights ; among
which may be reckoned the right of enjoying and defend-
ing their lives and liberties ; that of acquiring, possessing,
and protecting property ; in fine, that of seeking and ob-
taining their safety and happiness.

II. It is the right as well as the duty of all men in
society, publicly, and at stated seasons, to worship the
Supreme Being, the great Creator and Preserver of the
universe. And no subject shall be hurt, molested, or
restrained, in his person, liberty, or estate, for worship-
ping God in the manner and season most agreeable to the
dictates of his own conscience ; or for his religious pro-
fession or sentiments ; provided he doth not disturb the
public peace, or obstruct others in their religious worship.

III. [As the happiness of a people, and the good order
and preservation of civil government, essentially depend
upon piety, religion, and morality ; and as these cannot
be generally diffused through a community l)ut by the
institution of the public worship of God, and of public
instructions in piety, religion, and morality : Therefore,
to promote their happiness, and to secure the good order
and preservation of their government, the people of this
commonwealth have a right to invest their legislature with
power to authorize and require, and the legislature shall,
from time to tune, authorize and require, the several towns,
parishes, precincts, and other bodies politic, or religious
societies, to make suitable provision, at theiv own expense,
for the institution of the public worship of God, and for
the support and maintenance of public-- Protestant teachers
of piety, religion, and morality, in all cases where such
provision shall not be made voluntarily.

COMMONWEALTH OF MASSACHUSETTS.

And the people of this commonwealth have also a right
to, and do, invest their legislature with authority to enjoin
upon all the subjects an attendance upon the instructions
of the public teachers aforesaid, at stated times and sea-
sons, if there be any on whose instructions they can con-
scientiously and conveniently attend.

Provided, notwithstanding, that the several towns, par-
ishes, precincts, and other bodies politic, or religious socie-
ties, shall, at all times, have the exclusive right of electing
their public teachers, and of contracting with them for
their support and maintenance.

And all moneys paid by the subject to the support of
public worship, and of the public teachers aforesaid, shall,
if he require it, be uniformly applied to the support of the
public teacher or teachers of his own religious sect or de-
nomination, provided there be any on whose instructions
he attends ; otherwise it may be paid towards the support
of the teacher or teachers of the parish or precinct in which
the said moneys are raised.

And every denomination of Christians, demeaning them-
selves peaceably, and as good subjects of the commonwealth,
shall be equally under the protection of the law : and no
subordination of any one sect or denomination to another
shall ever be established by law.]

IV. The people of this commonwealth have the sole
and exclusive right of governing themselves, as a free,
sovereign, and independent state ; and do, and forever
hereafter shall, exercise and enjoy every power, jurisdic-
tion, and right, which is not, or may not hereafter be, by
them expressly delegated to the United States of America,
in Congress assembled.

V. All power residing originally in the people, and
being derived from them, the several magistrates and
officers of government, vested with authority, whether
legislative, executive, or judicial, are their substitutes
and agents, and are at all times accountable to them.

VI. No man, nor corporation, or association of men,
have any other title to obtain advantages, or particular
and exclusive privileges, distinct from those of the com-
munity, than what arises from the consideration of ser-
vices rendered to the public ; and this title being in nature
neither hereditary, nor transmissible to children, or de-
scendants, or relations by blood, the idea of a man born a
magistrate, lawgiver, or judge, is abtjurd and unnatural.

VII. Government is instituted for the common good ;
for the protection, safety, prosperity, and happiness of the

and to enjola
attendance
thereon.

Exclusive right
of electing reli-
gious teachers
secured.

Option as to
whom parochial
taxes may be
paid, unless, eto.

All denomina-
tions equally
protected.
8 Met. 162.
Subordination
of one sect to
another pro-
hibited.

Right of self-
government
secured.

Accountability
of all officers,
etc.

Services ren-
dered to the
public being tho
only title to
peculiar privi-
leges, heredi-
tary offices are
absurd and
unnatural.

Objects of gov-
ernment; right
of people to

CONSTITUTION OF THE

institute and
clioiigo it.

Right of people
to secure rota-
tion Ln olBce.

All, having the

qualiljc:itiuns
prcsciibcHl,
equally eligible
to oQice.
For ilio defini-
tion of " inhabit-
ant," see Ch. 1,
Sect. 2, Art. II.
lliglit of protec-
tion iind duty of
conlributiou
correlative.
Taxation found-
ed on consent.
16 Mass. 3J6.
1 Pick. 413.
7 I'ick. 344.
12 Tick. 184,467.
l(i I'ick. 87.
2.T i'ick. .^OO.
7 Mot. 388.
4 (Jray, 474.
7 Gray, 303.
14 Gray, 134.
1 Allen, 100.
4 Allen, 474.
I'rivalo prop-
erty ni)t to be
taken for public
uses without,
etc.
6 Cush. 327.

RcracdlcB, by
recourse to the
law, to be free,
complete uud
prompt.

rroRPcutloDs
ri Kulated.
8 i'ick. 211.
10 Tick. 9.
18 i'ick. 4^4.

people ; and not for the profit, honor, or private interest
of any one man, family, or class of men : Therefore the
people alone have an incontestible, nnalicnable, and inde-
feasible right to institute government; and to reform,
alter, or totally change the same, when their protection,
safety, prosperity, and happiness require it.

VIII. In order to prevent those who are vested with
authority from becoming oppressors, the people have a
right, at such periods and in such manner as they shall
establish by their frame of government, to cause their
public officers to return to private life ; and to fill up
vacant places by certain and icgular elections and appoint-
ments.

IX. All elections ought to be free ; and all the inhab-
itants of this commonwealth, having such qualifications as
they shall establish by their frame of government, have an
equal right to elect officers, and to be elected, for public
employments. 122 Mass. 595, 5og.

X. Each individual of the societv has a right to be
protected by it in the enjoyment of his life, liberty, and
property, according to standing laws. He is obliged, con-
sequently, to contribute hh ahavo to the expense of this
protection ; to give his personal service, or an equivalent,
when necessary : but fto part of the property of any indi-
vidual can, with justice, be taken from him, or applied to
public uses, without his own consent, or that of tlie repre-
sentative body of the people. In fine, the people of this
commonwealth are not controllable by any other laws
than those to which their constitutional representative
body have given their consent. And whenever the pub-
lic exigencies require that the property of any individual
should be appropriated to public uses, he shall receive a
reasonable compensation therefor.

14 Gray, l.w. 12 Allen, 223, 230. lOS Mass. 202, 213. 120 Mass. 423, 441.

10 Gray, 417, 431. KW Mass. 514, 500. Ill Mass. 130. 127 Mass. 50, 52,
1 Allen, 150. 103 Mass. 120, 124. 113 Mass. 45. 3'>8, 303, 410. 413.

11 Allen, 530. 100 Mass. 350, 302. 110 Mass. 403. 129 Mass. 559.

XI. Every subject of the commonwealth ought to find
a certain remed}-, by having recourse to the laws, for all
injuries or wrongs which he may receive in his person,
property, or cliaractcr. He ought to obtain right and
justice freely, and without being obliged to purchase it;
completely, and without any denial ; proinptl}'", and without
delay ; conformably to the laws.

XII. No subject shall be held to answer for any crimes
or olTence, until the same is fully and plainly, substantially,
and formally, described to him ; or be compelled to accuse,

COMMONWEALTH OF MASSACHUSETTS.

or furnish evidence against himself. And every subject f^^l^^o^

shall have a right to produce all proofs that may be i2Casiir246.

favorable to him ; to meet the witnesses against him face I onlyl loo.

to face, and to be fully heard in his defence by himself, 5o*"ai'ayf]i!

or his counsel, at his election. And no subject sliall be ?,\*^['':'y'*^,^*

arrested, imprisoned, despoiled, or deprived of his prop- ]w\ikiir'238-

erty, immunities, or privileges, put out of the protection Iff'^'^''^'^^'

of the law, exiled, or deprived of his life, liberty, or estate, l^ m!!sI!'5\o°'

but by the judgment of his peers, or the law of the land. 6<^.

100 Jfass. 2S7. 295.

108 Mass. 5, 0.

122 Mass. 332.

127 Mass. 550, 554.

103 Mass. 413.

118 Mass. 443, 451.

124 Mass. 404.

120 Mass. 559.

107 Mass. 172, 180.

120 Mass, lis, 120.

And the leG:islature shall not make any law that shall r.igiittotnaiby

,., ^ , -j-i-f -1 i jury 111 ciinimal

subject any person to a capital or miamous punishment, cases, except,

excepting for the government of the army and nav}', with- ^Giay, 320,373.

out trial by jury. ^^'-^ "^^«- '^^^- '

Xni. In criminal prosecutions, the verification of facts, Crimes to bo

in the vicinity where they happen, is one of the greatest vldnuy!"

securities of the life, liberty, and property of the citizen. i2i'Mass!°6i, 62.

XIV. Every subject has a right to be secure from all lught of search
unreasonable searches, and seizures, of his person, his n'.Vaiiale!!!'^
houses, his papers, and all his possessions. All warrants, Amemn iv.^'*
therefore, are contrary to this right, if the cause or fouiida- 2 Met. 329.
tion of them be not previously supported by oath or aflir- i^Gray',i._*
mation, and if the order in the warrant to a civil officer, to 10 a! ion', tot.
make search in suspected places, or to arrest one or more j^^^ass. iso,
suspected persons, or to seize their property, be not accom- 12a Mass. 269,
panied with a special designation of the persons or objects

of search, arrest, or seizure : and no warrant ought to be
issued but in cases, and with the formalities prescribed by
the laws.

XV. In all controversies concerning property, and in Right to trial by
all suits between two or more persons, except in cases in cept, etc.
which it has heretofore been otherways used and practised, Amencrt! vii."'
the parties have a right to a trial by jury ; and this method 2 pj^'jt' SqI

of procedure shall be held sacred, unless, in causes arising ^ ^'/'^y' Itj*

on the high seas, and such as relate to mariners' wages, iiAU'un"574,

the legislature shall hereafter find it necessary to alter it. io2'Mass. 45, 47.

Ill Mass. 388, 390. 122 ^fass. 505, 516. 125 Mass. 182, 183.
120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 000,

XVI. The liberty of the press is essential to the seen- Liberty of the
rity of freedom in a state : it ought not, therefore, to be ^'"'''^'
restrained in this commonwealth.

XVII. The people have a right to keep and to bear Rigiittokecp
arms for the common defence. And as, in time of peace, I'tandi^ngarmtos
armies are dangerous to liberty, they ought not to be ua'-.f pXer sub*
maintained without the consent of the legislature ; and ordinate to civu.

■ ^ 5 Gray, 121.

CONSTITUTION OF THE

Moral qnalifica-
tiona for oliice.

Moral oWisra-
tions of lawgiv-
ers and magis-
trates.

Right of people
to instruct rep-
resentatives and
petition legisla-
ture.

Power to sus-
pend the laws or
their execution.

Freedom of de-
hate, etc., and
reason thereof.

Frequent ses-
sions, and ob-
jects thereof.

Taxation found-
ed on consent.
8 Allen, 247.

Ex pontfnito
laws proliibited.
12 Allen, 421,
424, 428, 4a4.

Legislature not
to convict of
treason, etc.

the military power shall always be held in an exact subor-
dination to the civil authority, and be governed by it.

XVIII. A frequent recurrence to the fundamental
principles of the constitution, and a constant adherence
to those of piety, justice, moderation, temperance, indus-
try, and frugality, are absolutely necessary to preserve the
advantages of liberty, and to maintain a free government.
The people ought, consequently, to have a particular atten-
tion to all those principles, in the choice of their officers
and representatives : and they have a right to require of
their lawgivers and magistrates an exact and constant
observance of them, in the formation and execution of the
laws necessary for the good administration of the common-
wealth.

XIX. The people have a right, in an orderly and peace-
able manner, to assemble to consult upon the common
good; give instructions to their representatives, and to
request of the legislative body, by the way of addresses,
petitions, or remonstrances, redress of the wrongs done
them, and of the grievances they suffer.

XX. The power of suspending the laws, or the execu-
tion of the laws, ought never to be exercised but by the
legislature, or by authority derived from it, to be exercised
in such particular cases only as the legislature shall ex-
pressly provide for.

XXI. The freedom of deliberation, speech, and debate,
in either house of the legislature, is so essential to the
rights of the people, that it cannot be the foundation of
any accusation or prosecution, action or complaint, in any
other court or place whatsoever.

XXII. The legislature ought frequently to assemble
for the redress of grievances, for correcting, strengthening,
and confirming the laws, and for making new laws, as the
common good may require.

XXIII. No subsidy, charge, tax, impost, or duties
ought to be established, fixed, laid, or levied, under any
pretext whatsoever, without the consent of the people or
their representatives in the legislature.

XXIV. Laws made to punish for actions done before
the existence of such laws, and which have not been de-
clared crimes by preceding laws, are unjust, oppressive,
and inconsistent with the fundamental principles of a free
government.

XXV. No subject ought, in any case, or in any time,
to be declared guilty of treason or felony by the legisla-
ture.

COMMONWEALTH OF MASSACHUSETTS.

XXVI. No magistrate or court of law shall demand
excessive bail or sureties, impose excessive fines, or inflict
cruel or unusual punishments.

XXVII. In time of peace, no soldier ought to be quar-
tered in any house without the consent of the owner ; and
in time of war, such quarters ought not to be made but
by the civil magistrate, in a manner ordained by the legis-
lature.

XXVni. No person can in any case be subject to law-
martial, or to an}^ penalties or pains, by virtue of that law,
except those employed in the army or navy, and except
the mHitia in actual service, but by authority of the legis-
lature.

XXIX. It is essential to the preservation of the rights
of every individual, his life, liberty, property, and charac-
ter, that there be an impartial interpretation of the laws,
and administration of justice. It is the right of every
citizen to be tried by judges as free, impartial, and inde-
pendent as the lot of humanity will admit. It is, therefore,
not only the best policy, but for the security of the rights
of the people, and of every citizen, that the judges of the
supreme judicial court should hold their ofBces as long as
they behave themselves well ; and that they should have
honorable salaries ascertained and established by standing
laws.

XXX. In the government of this commonwealth, the
legislative department shall never exercise the executive
and judicial powers, or either of them : the executive shall
never exercise the legislative and judicial powers, or either
of them : the judicial shall never exercise the legislative
and executive powers, or either of them : to the end it
may be a government of laws and not of men.

Excessive bail or
fines, and cruel
punishments,
piohibited.
5 Gray, 482.
No soldier to be
quartered in any
house, unless,
etc.

Citizens exempt
from law-mar-
tial, unless, etc.

Judges of BH-
preme judicial
court.

3 Pick. 471.
1 Gray, 472.

4 Allen, 591.
7 Allen, 385.
105 Mass. 219,
221, 225.
Tenure of their
office.

Salaries.

Separation of
executive, judi-
cial, aud leijis-
lative depart-
ments.
2 Cush. 577.
2 Allen, 361.
8Alleu,247,253.
100 Mass. 282,
286.

114 Mass. 247,
249.

116 Mass. 317.
129 Mass. 659.

PART THE SECOND.

The Frame of Government.

The people, inhabiting the territory formerly called the Titieof body
Province of Massachusetts Bay, do hereby solemnly and ^° ' '"'
mutually agree with each other, to form themselves into a
free, sovereign, and independent body politic, or state, by
the name of The Commonwealth of Massachusetts.

CONSTITUTION OF THE

CHAPTER I.

THE LEGISLATIVE POWER.

Section I.

Legislative
department.

For change of
time, etc., see
aineiulments,
Art. X.

Governor's veto.
99 Alatis. 006.

Biil may be
l).!sseil by two-
tliiids of eacii
house, notwith-
Btuuding.

For exception
ill case oi' ad-
journment of
the general
court wiiliin
the live days,
Soe aineud-
meuts, Art. I.
;; .Mar's. 6lJ7.
General oour'
may cuii»tiiu!o
Judiuutorios,

The General Court.

Article I. The department of le^^islation shall be
formed by two branches, a Senate and House of Represen-
tatives ; each of which shall have a negative on the other.

The legislative body shall assemble every year [on the
last Wednesday in i\Iay, and at such other times as they
shall judge necessary ; and shall dissolve and be dissolved
on the day next preceding the said last Wednesday in
May;] and shall be styled, The General Court of
Massachusetts.

II. No bill or resolve of the senate or house of repre-
sentatives shall become a law, and have force as such,
until it shall have been laid before the governor for his
revisal ; and if he, upon such revision, approve thereof, he
shall signify his approbation by signing the same. But if
he have any objection to the passing of such bill or resolve,
he shall return the same, together with his objections there-
to, in writing, to the senate or house of representatives, in
whichsoever the same shall have originated ; who shall
enter the objections sent down by the governor, at large,
on their records, and proceed to reconsider the said bill or
resolve. But if after such reconsideration, two-thirds of
the said senate or house of representatives, shall, notwith-
standing the said objections, agree to pass the same, it
shall, together with the objections, be sent to the other
branch of the legislature, wiicre it shall also be reconsid-
ered, and it" approved by two-thirds of the members pres-
ent, shall have the force of a law: but in all such cases,
the votes of both houses shall be determined by yeas and
naj's ; and the names of the })ersons voting for, or against,
the said bill or resolve, shall be entered upon the public
records of the commonwealtli.

And in order to prevent unnecessary dela3-s, if any bill
or resolve shall not be returned by the governor within
five days after it shall have been presented, the same shall
have the force of a law.

HI. The general court shall forever have full power
and authority to erect and constitute judicatories and

COMMONWEALTH OF MASSACHUSETTS. 11

courts of record, or other courts, to be held in the name courts of record,

of the commonwealth, for the hearing, trying, and deter- s'orny, i.

mining of all manner of crimes, offences, pleas, processes, ^5^*;;^'"'*^' "^'

plaints, actions, matters, causes, and things, whatsoever,

arising or happening within the commonwealth, or between

or concerning persons inhabiting, or residing, or brought

within the same : whether the same be criminal or civil,

or whether the said crimes be capital or not capital, and

whether the said picas be real, personal, or mixed ; and

for the awarding and making out of execution thereupon.

To wliich courts and judicatories are hereby given and Courts, etc.,

granted full power and authority, from time to time, to oK'^"'"""'^'"

administer oaths or affirmations, for the better discovery

of truth in any matter in controversy or depending before

them.

IV. And further, full power and authority are hereb}'" General conrt
given and granted to the said general court, from time to ^J^y '-■"'''="=^^*»
time to make, ordain, and establish, all manner of whole- 4aiu^i'4T3.
some and reasonable orders, laws, statutes, and ordinances, ^i-r^"'-"' 2^2,
directions and instructions, either with penalties or with- ioo'iiass. 544,
out; so as the same be not repugnant or contrary to this iioMass. 467,
constitution, as they shall judge to be for the good and ^™*
welfare of this commonwealth, and for the government laws^^cf^^not
and orderino- thereof, and of the subjects of the same, and ifpus'iaiit to

Pji *- , 1 T r f J^ . the constitution.

lor the necessary support and deience ot the government eAiien,358.
thereof; and to name and settle annually, or provide by may provide
fixed laws for the naming and settling, all civil officers o"\q)poi.urae°ut
within the said commonwealth, the election and consti- ii5''Mas8!bo2,
tution of whom are not hereafter in this form of govern-
ment otherwise provided for ; and to set forth the several may prescribe
duties, powers, and limits, of the several civil and military
officers of this commonwealth, and the forms of such
oaths or affirmations as shall be respectively administered
unto them for the execution of their several offices and
places, so as the same be not repugnant or contrary to
this constitution; and to impose and levy proportional may impose
and reasonable assessments, rates, and taxes, upon all the 12" Mass. 252.
inhabitants of, and persons resident, and estates lying, cAi'ienlfss!
Avithin the said commonwealth; and also to impose and ?,'^1 n": Hl'-"^^'

, , i-lu .Allien, -iOO,

levy reasonable duties and excises upon any produce, n aiiuh. 203.
goods, wares, merchandise, and commodities, whatsoever, 235, 2;8, 240, 293,
brought into, produced, manufactured, or being within ^oo,ai2,aia,ooo,
the same ; to be issued and disposed of by warrant, under ??,?{?'"'• ^^;,

jii 11^ 1 PI- IIP 1 lUO .Mass. 285.

the hand ot the governor ot this commonwealth tor the 101 Mass. 575,
time being, with the advice and consent of the council, los'Mass. 267.
for the public service, in the necessary defence and sup- agj.'^'***" ^^^'

CONSTITUTION OF THE

116 Mass. 461.

118 Mass. 386,

389.

12:5 Mass. 493,

49.').

127 Mass. 413.

may impose
taxes, etc., to be
disposed of for
defence, protec-
tion, etc.
8 Allen, 247, 256.
VaIu.ation of
estates once in
ten years, at
least, while, etc.
8 Allen, 247.
126 Maes. 547.

port of the government of the said commonwealth, and
the protection and preservation of the subjects thereof,
according to such acts as are or shall be in force within
the same.

And while the public charges of government, or any
part thereof, shall be assessed on polls and estates, in the
manner that has hitherto been practised, in order that
such assessments may be made with equality, there shall
be a valuation of estates within the commonwealth, taken
anew once in every ten years at least, and as much oftener
as the general court shall order.

For the authority of the general court to charter cities, see amendments, Art. IL

Sanate, number
of, and by whom
elected.
Superseded by
amendments,
Art. XIII.,
which was also
superseded by
amendments.
Art. XXII.

For provision as
to councillors,
see amend-
n I on Is, Art.
XVI.

Counties to be
districts, until,
etc.

CHAPTER I.

Section II.

Senate.

Article I. [There shall be annually elected, by the
freeholders and other inhabitants of this commonwealth,
qualified as in this constitution is provided, forty persons
to be councillors and senators for the year ensuing their
election ; to be chosen by the inhabitants of the districts
into which the commonwealth may, from time to time, be
divided by the general court for tliat purpose : and the
general court, in assigning the numbers to be elected by
the respective districts, shall govern themselves by the pro-
portion of the public taxes paid by the said districts ; and
timely make known to the inhabitants of the common-
wealth the limits of each district, and the number of coun-
cillors and senators to be chosen therein ; provided, that
the number of such districts shall never be less than thir-
teen ; and that no district be so large as to entitle the
same to choose more than six senators.

And the several counties in this commonwealth shall,
until the general court shall determine it necessary to
alter the said districts, be districts for the choice of coun-
cillors and senators, (except that the counties of Dukes
County and Nantucket shall form one district for that jiur-
pose) and shall elect the following number for councillors
and senators, viz.: — Suffolk, six; Essex, six; Middlesex,
five; IIam[)shire, four; Plymouth, three; Barnstable, one;
Bristol, three ; York, two ; Dukes County and Nantucket,
one; Worcester, five; Cumberland, one; Lincoln, one;
Berkshire, two.]

COMMONWEALTH OF MASSACHUSETTS.

II. The senate shall be the first branch of the legisla-
ture ; and the senators shall be chosen in the following man-
ner, viz. : there shall be a meeting on the [first Monday in
April,] annually, forever, of the inhabitants of each town
in the several counties of this commonwealth ; to be called
by the selectmen, and warned in due course of law, at
least seven days before the [first Monday in April,] for
the purpose of electing persons to be senators and coun-
cillors; [and at such meetings every male inhabitant of
twenty-one years of age and upwards, having a freehold
estate within the commonwealth, of the annual income of
three pounds, or any estate of the value of sixty pounds,
shall have a right to give in his vote for the senators for
the district of which he is an inhabitant.] And to remove
all doubts concerning the meaning of the word " inhabit-
ant " in this constitution, every person shall be considered
as an inhabitant, for the purpose of electing and being
elected into any office, or place within this state, in that
town, district, or plantation where he dwelleth, or hath
his home.

The selectmen of the several towns shall preside at
such meetings impartially ; and shall receive the votes
of all the inhabitants of such towns present and qualified
to vote for senators, and shall sort and count them in
open town meeting, and in presence of the town clerk,
who shall make a fair record, in presence of the select-
men, and in open town meeting, of the name of every
person voted for, and of the number of votes against his
name : and a fair copy of this record shall be attested by
the selectmen and the town clerk, and shall be sealed up,
directed to the secretary of the commonwealth for the
time being, with a superscription, expressing the purport
of the contents thereof, and delivered by the town clerk
of such towns, to the sheriff of the county in which such
town lies, thirty days at least before [the last Wednesday
in Ma}^] annually ; or it shall be delivered into the secre-
tary's office seventeen days at least before the said [last
Wednesday in May :] and the sheriff of each county shall
deliver all such certificates by him received, into the
secretary's office, seventeen days before the said [last
Wednesday in May.]

And the inhabitants of plantations unincorporated,
qualified as this constitution provides, who are or shall
be empowered and required to assess taxes upon them-
selves toward the support of government, shall have
the same privilege of voting for councillors and senators ,

Manner and
time of choosing
euiiiitors and
councillors.
Time of election
changed by
amendments,
Art. X., and
changed again
by amendments,
Art. XV.
As to cities, see
amendments,
Art. II.
These pro-
visions as to the
qualifications of
voters, super-
seded by amend-
ments. Arts.
III., XX. and
XXVIU.
Word "inhabit-
ant" defined.
Sec also amend-
ments, Art.
XXIII., which
■was annulled by
Art. XXVI.
12 Gray, 21.
122 Mass. 595,
697.

Selectmen to
preside at town
meetings.

Return of votes.

As to cities, see
amendments,
Art. U.

Time changed
to first Wednes-
day of January.
See amend-
ments, Art. X.

Inhabitants of
unincorporated
plantations,
who pay slate
taxes, may vote.

CONSTITUTION OF THE

riantation
meetings.
Time of elec-
tion cbanijeJ
by aineiul-
ments, Art. XV.
Assessors to
notify, etc.

Governor and
council to ex-
amine :uul count
voles, and issue
eummonses.
Time cli;iiic;ed
to tiist Wednes-
day in January
bvanicndineuts.
Art. X.
Majority
chauLced to
plurality by
amendments,
Alt. XIV.

Senate to be
final judije of
elections, etc.,
of its own mem-
bers.

Time cbanged
to first Wednes-
day of Januiiry
by aniendmcuts,
Art. X.
Majority
cbauged to
plurality by
amendmeuts.
Art. XIV.

Vacancies, how

filled.

Clianged to
elucUuu by

in the plantations where they reside, as tovm. inhabitants
have in their respective towns ; and the plantation meet-
ings for that purpose shall be held annually [on the same
first Monday in April], at such place in the plantations,
respectively, as the assessors thereof shall direct ; which
assessors shall have like authority for notifying the elect-
ors, collecting and returning the votes, as the selectmen
and town clerks have in their several towns, by this con-
stitution. And all other persons living in places unincor-
porated (qualified as aforesaid ) who shall be assessed to
the support of government by the assessors of an adjacent
town, shall have the privilege of giving in their votes for
councillors and senators in the town where they shall be
assessed, and be notified of the place of meeting by the
selectmen of the town where they shall be assessed, for
that purpose, accordingly.

III. And that there may be a due convention of sena-
tors on the [last Wednesday in INIay] annually, the gov-
ernor with five of the council, for the time being, shall,
as soon as may be, examine the returned copies of such
records ; and fourteen days before the said day he shall
issue his summons to such persons as shall appear to be
chosen by [a majority of J voters, to attend on that day,
and take their seats accordingly: provided, nevertheless,
that for the first year the said returned copies shall be
examined by the president and five of the council of the
former constitution of government ; and the said president
shall, in like manner, issue his summons to the persons
so elected, that they may take their seats as aforesaid.

IV. The senate shall be the final judge of the elec-
tions, returns and qualifications of their own members, as
pointed out in the constitution ; and shall, [on the said
last Wednesday in Ma}' J annuall3% determine and declare
who are elected by each district to be senators [by a
majority of votes ; and in case there shall not appear to
be the full number of senators returned elected by a
majority of votes for any district, the deficienc}'' shall bo
supplied in the following manner, viz. : The members of
the house of representatives, and such senators as shall
be declared elected, shall take the names of such persons
as shall be found to have the highest number of votes
in such district, .and not elected, amounting to twice the
number of senators wanting, if there be so many voted
for ; and out of these shall elect by ballot a number of
senators sullicient to fill up the vacancies in such district;
and in this manner all sucii vacancies shall be filled up in

COMMONWEALTH OF MASSACHUSETTS.

every district of the commonwealtli ; and in like manner
all A'-acancies in the senate, arising by death, removal out
of the state, or otherwise, shall be supplied as soon as may
be, after such vacancies shall happen.]

V. Provided, nevertheless, that no person shall be
capable of being elected as a senator, [who is not seised
in his own right of a freehold, within this commonwealth,
of the value of three hundred pounds at least, or possessed
of personal estate to the value of six hundred pounds at
least, or of both to the amount of the same sum, and] who
has not been an inhabitant of this commonwealth for the
space of five years immediately preceding his election, and,
at the time of liis election, he shall be an inhabitant in the
district for which he shall be chosen.

VI. The senate shall have power to adjourn themselves,
provided such adjournments do not exceed two days at a
time.

Vn. The senate shall choose its own president, appoint
its own officers, and determine its own rules of proceedings.

VIII. The senate shall be a court with full authority
to hear and determine all impeachments made by the
house of representatives, against any officer or officers of
the commonwealth, for misconduct and mal-administration
in their offices. But previous to the trial of every im-
peachment the members of the senate shall respectively
be sworn, truly and impartially to try and determine the
charge in question, according to evidence. Their judg-
ment, however, shall not extend further than to removal
from office and disqualification to hold or enjoy any place
of honor, trust, or profit, under this commonwealth : but
the party so convicted shall be, nevertheless, liable to
indictment, trial, judgment, and punishment, according to
the laws of the land.

IX. Not less than sixteen members of the senate shall
constitute a quorum for doing business.

people.
See amend.
nients. Art.
XXIV.

Qualifications of
a senator.
Property quall-
flcatiou abol-
ished.
Sec amend-
ments, Art.

xm.

For further pro-
vision as to
residence, seo
also amend-
ments, Art.

xxn.

Senate not to
adjourn more
than two days.

shall choose
Its otiicers and
establish its
rules.

shall try all
impeachments.

Oath.

Limitation of
sentence.

Quorum.
For further pro-
visions, see
amendments,
ArLXXlI.

CHAPTER I.
Section III.

House of Mepresentatives.

Article I. There shall be, in the legislature of this Rcpresentatior

commonwealth, a representation of the people, annually of ii»e people.
elected, and founded upon the principle of equality.

CONSTITUTION OF THE

Representa-
tives, by whom
chosen.

Superseded by
amendments,
Alts. Xri. and
XIII., which
were also
superseded by
amendments,
Art. XXI.
7 Mass. 523.

Proviso as to
towns having
less tlian 150
ratable polls.

Towns liable to
fine in case, etc.

Expenses of
travelling to
and from the
general eourt,
how paid.

Qualifications of
a representa-
tive.

New provision
as to residence.
Bee amend-
ments, Art.
XXI.

l'r<)|)erty quali-
lications abol-
ished by amend-
ments. Art.
Xlil.

Qualifications of
a voter.
These pro-
visions super-
seded by
amendments,
Arts. III., XX.
and XXVm.
8ec also amend-
ments, Art.
XXIII., which
was annulled by
Art. XXVI.
Iteproseiita-
tives, when
chosen.

II. [And in order to provide for a representation of
the citizens of this commonwealth, founded upon the prin-
ciple of equality, every corporate town containing one
hundred and fifty ratable polls may elect one represen-
tative ; every corporate town containing three hundred
and seventy-five ratable polls may elect two representa-
tives ; every corporate town containing six hundred ratable
polls may elect three representatives ; and proceeding in
that manner, making two hundred and twenty-five ratable
polls the mean increasing number for every additional
representative.

Provided, nevertheless, that each town now incorporated,
not having one hundred and fifty ratable polls, may elect
one representative ; but no place shall hereafter be incor-
porated with the privilege of electing a representative,
unless there are withui the same one hundred and fifty
ratable polls.]

And the house of representatives shall have power from
time to time to impose fines upon such towns as shall
neglect to choose and return members to the same, agreea-
bly to this constitution.

The expenses of travelling to the general assembly, and
returning home, once in every session, and no more, shall
be paid by the government, out of the public treasury, to
every member wlio shall attend as seasonably as he can, in
the judgment of the house, and does not depart without
leave.

III. Every member of the house of representatives
shall be chosen by written votes ; [and, for one year at
least next preceding his election, shall have been an inhab-
itant of, and have been seised in his own right of a free-
hold of the value of one hundred pounds within the town
he shall be chosen to represent, or any ratable estate to
the value of two hundred pounds ; and he shall cease to
represent the said town immediately on his ceasing to be
qualified as aforesaid.]

IV. [Every male person, being twenty-one years of
age, and resident in any particular town in this common-
wealth for the space of one year next preceding, having a
freehold estate within the same town of the annual income
of three pounds, or any estate of the value of sixty pounds,
shall have a right to vote in the choice of a representative
or representatives for the said town.]

V. [The members of the house of representatives shall
be chosen annually in the month of May, ten days at least
l)ef()re the last Wediiesda}' of that month.]

and changed again by amendments,

Time of election changed by amendments, Art. X

An. XV.

COMMONWEALTH OF MASSACHUSETTS. 17

VI. The house of representatives shall be the grand House aione
inquest of this commonwealth; and all impeachments '=''"*'"»'-*<'•
made by them shall be heard and tried by the senate.

Vn. All money bills shall originate in the house of House to origi-
representatives ; but the senate may propose or concur bfiu.'''^'"*'"''^
with amendments, as on other bills.

Vni. The house of representatives shall have power nottoadjoura
to adjourn themselves; provided such adjournment shall "ay?. ^'''"* ^"^^
not exceed two days at a time.

IX. [Not less than sixty members of the house of quorum,
representatives shall constitute a quorum for doing busi- amcndmcms^^
ness.] ^■^'•^•

X. The house of representatives shall be the judge of ^.^^^^^^^^f ^^
the returns, elections, and qualifications of its own mem- itsown'mcm-
bers, as pointed out in the constitution ; shall choose their us'offic°cM and*
own speaker; appoint their own officers, and settle the ruiesl'etc!^'
rules and orders of proceeding in their own house. They may punish
shall have authority to punish by imprisonment every o°4noe'^'°
person, not a member, who shall be guilty of disrespect UGray,226.
to the house, by any disorderly or contemptuous behavior

in its presence ; or who, in the town where the general
court is sitting, and during the time of its sitting, shall
threaten 'harm to the body or estate of any of its members,
for any thing said or done in the house ; or who shall
assault any of them therefor ; or who shall assault, or
arrest, any witness, or other person, ordered to attend the
house, in his way in going or returning ; or who shall
rescue any person arrested by the order of the house.

And no member of the house of representatives shall be PrivHegcsof
arrested, or held to bail on mean process, during his going """"^ '""^"
unto, returning from, or his attending the general assem-
bly.

XI. The senate shall have the same powers in the like senate,
cases; and the governor and council shall have the same council may
authority to punish in like cases : provided, that no impris- ^"nerai umiu-
onment on the warrant or order of the governor, council, j^^^^^y^ 226.
senate, or house of representatives, for either of the above
described offences, be for a term exceeding thirty days.

And the senate and house of representatives may try Triaimayboby
and determine all cases where their rights and privileges oXmiLT.' "^
are concerned, and which, by the constitution, they have
authority to try and determine, by committees of their own
members, or in such other way as they may respectively
think best.

CONSTITUTION OF THE

Governor.

His title.

To be cboeen

aiinimlly.

QualiUcations.

Requirement of
religious decla-
ration abolished
by amend-
ments, Art.
VU.

By whom cho-
sen, if" be have a
majority of
votes.

Time of elec-
tion changed by
amendments,
Alt. X., and
changed again
by anu'iidmcntB,
Art. XV.

As to cities, Bee
amendments,
Art. U.

Time changed
•o lirst Wednes-
day of January
by amendments.
Art. X.

Changed to
plurallly by

lUIK'tKinK iits.

Art. XIV.

Flow chosen,
when no person
huH a majority.

CHAPTER n.

EXECUTIVE POWEB.

Section I.
Crovernor.

Article I. There shall be a supreme executive magis-
trate, who shall be styled — The Governor of the
Commonwealth of jSIassachusetts ; and whose title
shall be — His Excellency.

II. The governor shall be chosen annually ; and no
person shall be eligible to this oCice, unless, at the time of
his election, lie shall have been an inhabitant of this com-
monwealth for seven years next preceding; and unless he
shall at the same time be seised, in his own right, of a
freehold, within the commonwealth, of the value of one
thousand pounds ; [and unless he shall declare himself to
be of the Christian religion.]

III. Those persons who shall be qualified to vote for
senators and representatives within the several towns of
this commonwealth shall, at a meeting to be called for
that purpose, on the [first Monday of April] annually,
give in their votes for a governor, to the selectmen, who
shall preside at such meetings ; and the town clerk, in the
presence and with the assistance of the selectmen, shall,
in open town meeting, sort and count the votes, and form
a list of the persons voted for, with the number of votes
for each person against his name ; and shall make a fair
record of the same in the town books, and a public decla-
ration thereof in the said meeting ; and shall, in the pres-
ence of the inhabitants, seal up copies of the said list,
attested by him and the selectmen, and transmit the same
to the sheriff of the county, thirty days at least before the
[last Wednesday in May] ; and the sheriff shall transmit
the same to the secretary's office, seventeen days at least
before the said [last Wednesday in Ma}'] ; or the select-
men may cause returns of the same to be made to the
office of the secretary of the commonwealth, seventeen
days at least before the said day; and the secretary shall
lay the same before the senate and tlie house of repre-
sentatives on the [last Wednesday in May], to be by them
examined ; and [in case of an election by a majority of all
the votes retnrjied], the choice shall be by them declared
and published; [but if no person shall have a majcu'ity of

COMMONWEALTH OF MASSACHUSETTS. 19

votes, the house of representatives shall, by ballot, elect

two out of four persons who had the highest number of

votes, if so many shall have been voted for; but, if other- ,

wise, out of the number voted for ; and make return to

the senate cf the two persons so elected ; on which tlie

senate shall proceed, by ballot, to elect one, who shall be

declared governor.]

IV. The governor shall have authority, from time to rower of gor-
time, at his discretion, to assemble and call together the gov"nioi'und
councillors of this commonwealth for the time being ; and ^ouucu.
the governor with the said councillors, or five of them at

least, shall, and ma}^, from time to time, hold and keep a
council, for the ordering and directing the affairs of the
commonwealth, agreeably to the constitution and the laws
of the land.

V. The governor, with advice of council, shall have Mayadjoumor
full power and authority, during the session of the gen- gcncraicourt
eral court, to adjourn or prorogue the same to any time a,''a"on?oue''
the two houses shall desire; [and to dissolve the same on tiiueame.
the day next preceding the last Wednesday in May; and, tson, sec amend.
in the recess of the said court, to prorogue the same from '^*^'*'^' ■^^■''- •
time to time, not exceeding ninety days in any one recess ;]

and to call it together sooner than the time to which it
may be adjourned or prorogued, if the welfare of the com-
monwealth shall require the same ; and in case of any
infectious distemper prevailing in the place where the said
court is next at any time to convene, or any other cause
happening, whereby danger may arise to the Jiealth or
lives of the members from their attendance, he may direct
the session to be held at some other, the most convenient
place within the state.

[And the governor shall dissolve the said general court As to dissoiu-
on the day next preceding the last Wednesday in May.] mt^u'^it" x. '

VI. In cases of disagreement between the two houses. Governor and
with regard to the necessity, expediency, or time of ad- adjoun'iaiogen-
lournment or prcroration, the Q'overnor, with advice of t-i-ii court in

J J-O .,",. , cases, etc., but

the council, shall have a right to adjourn or prorogue the not escocding
general court, not exceeding ninety days, as he shall "'""^'^ ''^^'
determine the public good shall require.

VII. The governor of this commonwealth, for the time Governor to be

bi Ti 1 ,1 1 • 1 • _e r ii 1 cominaudcr-in-

emg, shall be the commander-m-chiet or the army and chkf.

navy, and of all the military forces of the state, by sea

and land; and shall have full power, by himself, or by

any commander, or other officer or officers, from time to

time, to train, instruct, exercise, and govern the militia

and navy ; and, for the special defence and safety of the

CONSTITUTION OF THE

Limitation.

Governor and
council may
pardon nll'cnces,
except, etc.

But not before
conviction.
109 MiiHS. 323.

Judicial ofn.
ciTH, etc., liow
nominated and
upi)ointed.
For provlHlons

commonwealth, to assemble in martial array, and put in
warlike posture, the inhabitants thereof, and to lead and
conduct them, and with them to encounter, repel, resist,
expel, and pursue, by force of arms, as well by sea as by
land, within or without the limits of this commonwealth,
and also to kill, slay, and destroy, if necessary, and con-
quer, by all fitting ways, enterprises, and means whatso-
ever, all and every such person and persons as shall, at
any time hereafter, in a hostile manner, attempt or enter-
prise the destruction, invasion, detriment, or annoyance
of this commonwealth ; and to use and exercise, over the
army and navy, and over the militia in actual service, the
law-martial, in time of war or invasion, and also in time
of rebellion, declared by the legislature to exist, as occa-
sion shall necessarily require ; and to take and surprise,
by all ways and means whatsoever, all and every such
person or persons, with their ships, arms, ammunition,
and other goods, as shall, in a hostile manner, invade, or
attempt the invading, conquering, or annoying this com-
monwealth ; and that the governor be intrusted with all
these and other powers, incident to the offices of cap-
tain-general and commander-in-chief, and admiral, to be
exercised agreeably to the rules and regulations of the
constitution, and the laws of the land, and not otherwise.
Provided, that the said governor shall not, at any time
hereafter, by virtue of any power by this constitution
granted, or hereafter to be granted to him by the legis-
lature, transport any of the inhabitants of this common-
wealth, or oblige them to march out of the linuts- of the
same, without their free and voluntary consent, or the con-
sent of the general court ; except so far as may be neces-
sary to march or transport them by land or water, for the
defence of such part of the state to which they cannot
otherwise conveniently have access.

VIII. The power of pardoning offences, except such
as persons may be convicted of before the senate by an
impeachment of the house, shall be in the governor, by
and with the advice of council ; but no charter of par-
don, granted by the governor, with advice of the council
bd'orc conviction, shall avail the party pleading the same,
notwithstanding any general or particular expressions con-
tained therein, descriptive of the otfencc or olfenees in-
tended to be pardoned.

IX. All judicial officers, [the attorney-general,] the
solicitor-general, [all sheriffs.] coroners, [and registers of
probate,] shall be nominated and appointed by the gov-

COMMONWEALTH OF MASSACHUSETTS.

ernor, by and with the advice and consent of the council ;
and every such nomination shall be made by the governor,
and made at least seven days prior to such appointment.

For provision as to election of sherifTs. registers of probate, etc., see amendments, Art.
XIX. For provision as to appointment of notaries public, see amendments. Art. IV.

X. Tlie captains and subalterns of the militia shall be
elected by the written votes of tlie train-band and alarm
list of their respective companies, [of twenty-one years
of age and upwards ;] the field officers of regiments shall
be elected by the written votes of the captains and subal-
terns of their res])ective regiments ; the brigadiers shall be
elected, in like manner, by the field officers of their respec-
tive brigades ; and such officers, so elected, shall be com-
missioned by the governor, who shall determine their rank.

The legislature shall, by standing laws, direct the time
and manner of convening the electors, and of collect-
ing votes, and of certifying to the governor, the officers
elected.

The major-generals shall be appointed by the senate and
house of representatives, each having a negative upon the
other ; and be commissioned by the governor.

For provisions as to appointment of a commissary -general, see amendments, Art. IV.

And if the electors of brigadiers, field officers, captains
or subalterns, shall neglect or refuse to make such elec-
tions, after being duly notified, according to the laws for
the time being, then the governor, with advice of council,
shall appoint suitable persons to fill such offices.

[And no officer, duly commissioned to command in the
militia, shall be removed from his office, but by the address
of both houses to the governor, or by fair trial in court-
martial, pursuant to the laws of the commonwealth for the
time being.]

The commanding officers of regiments shall appoint
their adjutants and quartermasters ; the brigadiers their
brigade-majors ; and the major-generals their aids ; and
the governor shall appoint the adjutant-general.

The governor, with advice of council, shall appoint all
officers of the continental army, whom by the confedera-
tion of the United States it is provided that this common-
wealth shall appoint, as also all officers of forts and
garrisons.

The divisions of the militia into brigades, regiments, and
companies, made in pursuance of the militia laws now in
force, shall be considered as the proper divisions of the
militia of this commonwealth, until the same shall be
altered in pursuance of some future law.

as to election
of attorney-
general, see
amendments,
Art. XVU.

Militia ofBcers,
how elected.
Limitation of
age struck out
by amend-
ments, Art. V.

How coramis-
sioned.

Election of
officers.

Major-generals,
liow appointed
and com mis-
Bioned.

Vacancies, hovr
filled, in case,
etc.

Officers duly
commissioned,
how removed.
Superseded by
amendments.
Art. IV.

Adjutants, etc.,
how appointed.

Array officers,
how appointed.

Organization of

militia.

CONSTITUTION OF THE

Money, how
drawn from the
trcamiry, ex-
cept, I'lC.
13 Allcu, 593.

All public
boanls, etc., to
make quarterly
returns.

Salary of
gOTcruor.

Balarlps of jus-
tici'H of Kii|)rfmo
Judiciul court.

XI. No monej's shall be issued out of the treasury of
this commonwealth, and disposed of (except such sums as
may be appropriated for the redemption of bills of credit
or treasurer's notes, or for the pa3''ment of interest arising
thereon) but by warrant under the hand of the governor
for the time being, with the advice and consent of the
council, for the necessary defence and support of the com-
monwealth ; and for the protection and preservation of
the inhabitants thereof, agreeably to the acts and resolves
of the general court.

XII. All public boards, the commissary-general, all
superintending officers of public magazines and stores,
belonging to this commonwealth, and all commanding
officers of forts and garrisons witliin the same, shall once
in every three months, oflicially, and without requisition,
and at other times, when required by the governor, deliver
to him an account of all goods, stores, provisions, ammu-
nition, cannon with their appendages, and small arms
with their accoutrements, and of all other public property
whatever under their care respectively ; distinguishing the
quantity, number, quality and kind of each, as particu-
larly as may be ; together with the condition of such forts
and garrisons ; and the said commanding officer shall ex-
hibit to the governor, when required by him, true and
exact plans of such forts, and of the land alid sea or har-
bor or harbors, adjacent.

And the said boards, and all public officers, shall com-
municate to the governor, as soon as may be after receiving
the same, all letters, despatches, and intelligences of a
public nature, whicli shall be directed to tlicm respectively.

XIII. As the public good requires that the governor
should not be under the undue influence of any of the
members of the general court by a dependence on them
for his support, that he should in all cases act with free-
dom for the beneiit of the public, that he should not have
his attention necessarily diverted from that object to his
private concerns, and that he should maintain the dignity
of the commonwealth in the character of its chief magis-
trate, it is necessary that he should have an honorable
stated salary, of a fixed and permanent value, amply suffi-
cient for those purposes, and established by stamling laws:
and it shall be among the first acts of the general court,
after the commencement of tliis constitution, to establish
such salary by law accordingl3%

Permanent and honorable salaries shall also be estab-
lished by law for the justices of the supreme judicial court.

COMMONWEALTH OF MASSACHUSETTS.

And if it shall be foimd that any of the salaries afore-
said, so established, are insufficient, they shall, from time
to time, be enlarged, as the general court shall judge
proper.

Salaries to bo
eiilarsied if
iusutlicicat.

CHAPTER n.
Section H.

Lieutenant-Governor.

Article I. There shall be annually elected a lieuten-
ant-governor of the commonwealth of Massachusetts,
whose title shall be — His Honor ; and who shall be
qualified, in point of [religion,] property, and residence
in the commonwealth, in the same manner with the gov-
ernor ; and the day and manner of his election, and the
qualifications of the electors, shall be the same as are
required in the election of a governor. The return of
the votes for this officer, and the declaration of his election,
shall be in the same manner ; [and if no one person shall
be found to have a majority of all the votes returned, the
vacancy shall be filled by the senate and house of rejjre-
sentatives, in the same manner as the governor is to be
elected, in case no one person shall have a majority of the
A''otes of the people to be governor.]

H. The governor, and in his absence the lieutenant-
governor, shall be president of the council, but shall have
no vote in council ; and the lieutenant-governor shall
always be a member of the council, except when the chair
of the governor shall be vacant.

IH. Whenever the chair of the governor shall be
vacant, by reason of his death, or absence from the com-
monwealth, or otherwise, the lieutenant-governor, for the
time being, shall, during such vacancy, perform all the
duties incumbent upon the governor, and shall have and
exercise all the powers and authorities, which by this
constitution the governor is vested with, when personally
present.

Lieutenant-
governor; [lis
title and qualifi-
cations, riie
reqiiiicraent of
a declaration of
belief in the
eliristiaii
rcliLcion was
abolished by
amendments,
Art. VU.

How chosen.

Election by
plurality pro-
vided for by
amendments,
Art. XIV.

President of
council.
Lieutenant-
governor a
member of,
except, etc.

Lieutenant-
governor to be
acting governor,
in case, etc.

CHAPTER H.

Section HI.

Council^ and the Planner of settling Elections hy the Legis-
lature.

Article I. There shall be a council for advising the Conncn,
governor in the executive part of the government, to councillors

CONSTITUTION OF THE

changed to
eight.

See amend-
ments, Art.
XVI.

Number ; from
whom, and bow
chosen.
Modified by
amendments.
Arts. X. and

xin.

Superseded by
amendments,
Art. XVI.

If senators be-
come council-
lors, their seats
to be vacated.

Kank of
councillors.

Xo district to
have more than
two.

Council to oxer-
cisc the power
of g<.>vornor in
caHc, etc.

Elections may
be adjourned
until, etc.

Order thereof.
Bupereedcd by

consist of [nine] persons besides the lieutenant-governor,
whom the governor, for the time being, shall have full
power and authority, from time to time, at his discretion,
to assemble and call together; and the governor, with the
said councillors, or five of them at least, shall and may,
from time to time, hold and keep a council, for the order-
ing and directing the affairs of the commonwealth, accord-
ing to the laws of the land.

II. [Nine councillors shall be annually chosen from
among the persons returned for councillors and senators,
on the last Wednesday in May, by the joint ballot of
the senators and representatives assembled in one room ;
and in case there shall not be found upon the first choice,
the whole number of nine persons who will accept a seat
in the council, the deficiency shall be made up by the
electors aforesaid from among the people at large ; and
the number of senators left shall constitute the senate
for the year. The seats of the persons thus elected from
the senate, and accepting the trust, shall be vacated in the
senate.]

III. The councillors, in the civil arrangements of the
commonwealth, shall have rank next after the lieutenant-
governor.

IV. [Not more than two councillors shall be chosen
out of any one district of this commonwealth.]

Superseded by amendments, Art. XVI.

V. The resolutions and advice of the council shall be
recorded in a register, and signed by the members present ;
and this record may be called for at any time by either
house of the legislature ; and any member of the council
may insert his opinion, contrary to the resolution of the
majority.

VI. Whenever the office of the governor and lieuten-
ant-governor shall be vacant, by reason of death, absence,
or otherwise, then the council, or the major part of them,
shall, during such vacancy, have full power and authority
to do, and execute, all and every such acts, matters, and
things, as the governor or the lieutenant-governor might
or could, by virtue of this constitution, do or execute, if
they, or either of them, were personally present.

VII. [And whereas the elections appointed to be made,
by this constitution, on the last Wednesday in INIay annu-
ally, by the two houses of the legislature, may not be
(;oinpl('ted on that day, the said elections may be adjourned
from day to day until the same shall be completetl. And
the order of elections shall be as follows : the vacancies in

• more

COMMONWEALTH OF MASSACHUSETTS. 25

the senate, if an}^ shall first be filled up ; the governor amendments,
and lieutenant-governor shall then be elected, provided xxv.
there should be no choice of them by the people ; and
afterwards the two houses shall proceed to the election of
the council.]

CHAPTER II.

Section IV.

Secretary, Treasurer^ Commissary, etc.

Article I. [The secretary, treasurer, and receiver- Secretary, etc.,
general, and the commissary-general, notaries public, and] ho\7ch^t"".*^
naval officers, shall be chosen annually, by joint ballot of ^"eiecuon'of ''^
the senators and representatives in one room. And, that eecretaiy, treas.
the citizens of this commonwealth may be assured, from cciver-gencrai,
time to time, that the moneys remaining in the public at"torn"y-genf"'^
treasury, upon the settlement and liquidation of the pub- n^ol/ts^Ar™'^"^"
lie accounts, are their property, no man shall be eligible xvu.'
as treasurer and receiver-general more than five years sue- Tieai»nrer in-

-, '-' " eligible for mo

CeSSlVely. than live suc-

For provision as to appointment of notaries public and the commissary-general, see cessive years,
ainendiuents, Art. IV.

II. The records of the commonwealth shall be kept in Secretary to
the office of the secretary, who may appoint his deputies, toauenTthe'
for whose conduct he shall be accountable ; and he shall councu"etc.'^
attend the governor and council, the senate and house of
representatives, in person, or by his deputies, as they shall
respectively require.

CHAPTER III.

JUDICIARY POWER.

Article I. The tenure, that all commission officers Tenure of aii

shall by law have in their offices, shall be expressed in oftk"r8*to°be

their respective commissions. All judicial officers, duly ja'aichu officers

appointed, commissioned, and sworn, shall hold their offices ^^ i>.<^'<^ "fflce

-^i . Ill- 1- 1, • 1 during good

during good behavior, excepting such concerning whom behavior, ex-
there is different provision made in this constitution : But'may be
provided, nevertheless, the governor, with consent of the ^^^l^^^^
council, may remove them upon the address of both houses
of the legislature.

II. Each branch of the legislature, as well as the gov- Justices of su-
ernor and council, shall have authority to require the opin- counViVve''
ions of the justices of the supreme judicial court, upon °Pquir"d.'^^''°
important questions of law, and upon solemn occasions. 11^ Mass' 557*

661.

CONSTITUTION OF THE

Juatices of the
ixace; ttnure
of tlu'ii' oflice.
3 Cush. 5S4.

Provisions for

holding probate

courts.

12 Gray, 147.

Of marriage,
divorce, and ali-
mony.
Other pro-
visions made
by law.
105 Mass. 327.
116 Mass. 317.

III. In order that the people may not suffer from the
long continuance in place of any justice of the peace who
shall fail of discharoing the important duties ot his office
with abilit}^ or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
years from their respective dates ; and, upon the expira-
tion of any commission, the same may, if necessary, be
renewed, or another person appointed, as shall most con-
duce to the well-being of the commonwealth.

IV. The judges of probate of wills, and for granting
letters of administration, shall hold their courts at such
place or places, on fixed days, as the convenience of the
people shall require ; and the legislature shall, from time
to time, hereafter, appoint such times and })laces ; until
which appointments, the said courts shall be holden at the
times and places which the respective judges shall direct.

V. All causes of marriage, divorce, and alimony, and
all appeals from the judges of probate, shall be heard and
determined by the governor and council, until the legis-
lature shall, by law, make other provision.

Delegates to
congress.

CHAPTER IV.
DELEGATES TO CONGRESS.

The delegates of this commonwealth to the congress of
the United States, shall, some time in the month of June,
annually, be elected by the joint ballot of the senate and
house of representatives, assembled together in one room ;
to serve in congress for one year, to commence on the first
Monday in November then next ensuing. They shall
have commissions under the hand of the governor, and
the great seal of the commonwealth ; but may be recalled
at any time witliin the year, and others chosen and com-
missioned, in the same manner, in their stead.

narvard
College.

CHAPTER V.

THE UNIVERSITY AT CAMnRIDGE AND ENCOORAGEMENT

OF LITERATURE, ETC.

Section I.

The University.

Article I. Whereas our wise and pious ancestors, so
early as the year one thousand six hundred and thirty-six,

COMMONWEALTH OF MASSACHUSETTS. 27

laid the foundation of Harvard College, in which univer-
sity many persons of great eminence have, by the blessing
of God, been initiated in those arts and sciences which
qnalilicd them for public employments, both in church
and state; and whereas the encouragement of arts and
sciences, and all good literature, tends to the honor of
God, the advantage of the Christian religion, and the great
benefit of this and the other United States of America,
— it is declared, that the President and Fellows of rowers, pnvi.
Harvard College, in their corporate capacity, and theT'iesuient
tlieir successors in that capacity, their officers and ser- confinlled.^'
vants, shall have, hold, use, exercise, and enjoy, all the
powers, authorities, rights, liberties, privileges, immunities,
and franchises, which they now have, or are entitled to
have, hold, use, exercise, and enjoy; and the same are
hereb}^ ratified and confirmed unto them, the said presi-
dent and fellows of Harvard College, and to their suc-
cessors, and to their officers and servants, respectively,
forever.

II. And whereas there have been at sundry times, by
divers persons, gifts, grants, devises of houses, lands, tene-
ments, goods, chattels, legacies, and convej^ances, hereto-
fore made, either to Harvard College in Cambridge, in
New England, or to the president and fellows of Harvard
College, or to the said college by some other description,
under several charters, successively ; it is declared, that

all the said gifts, grants, devises, legacies, and convey- ah gifts, grants,
ances, are hereby forever confirmed unto the president ^'■'^•' <=°° """^ •
and fellows of Harvard College, and to their successors
in the capacity aforesaid, according to the true intent and
meaning of the donor or donors, grantor or grantors,
devisor or devisors.

III. And whereas, by an act of the general court of
the colony of Massachusetts Bay, passed in the year one
thousand six hundred and foi-ty-two, the governor and
deputy-governor, for the time being, and all the magis-
trates of that jurisdiction, were, with the president, and
a number of the clergy in the said act described, consti-
tuted the overseers of Harvard College ; and it being
necessary, in this new constitution of government to
ascertain who shall be deemed successors to the said gov- Who shaii bo
ernor, deputy-governor, and magistrates; it is declared,

that the governor, lieutenant-governor, council, and senate See statutes,

of this commonwealth, are, and shall be deemed, their iso2,27.'

successors, who, with the president of Harvard College, isoslnl

for the time being, together with the ministers of the con- '^^^^' ^'

CONSTITUTION OF THE

Power of altera-
tion rt'oerved to
the legislature.

Duty of legisla-
tures and magis-
trates in all
future periods.
For further pro-
visions as to
public schools,
see amend-
ments, Art.
XVUI.
12 Allen, 500-
503.
103 Mass. 94, 97.

gregational churches in the towns of Cambridge, Water-
town, Charlestown, Boston, Roxbury, and Dorchester,
mentioned in the said act, shall be, and hereby are, vested
with all the powers and authority belonging, or in any
way appertaining to the overseers of Harvard College ;
provided, that nothing herein shall be construed to pre-
vent the legislature of this commonwealth from making
such alterations in the government of the said university,
as shall be conducive to its advantage, and the interest
of the republic of letters, in as full a manner as might
have been done by the legislature of the late Province of
the Massachusetts Bay.

CHAPTER V.

Section II.

The Encouragement of Literature, etc.

Wisdom and knowledge, as well as virtue, diffased gen-
erally among the body of the people, being necessary for
the preservation of their rights and liberties ; and as these
depend on spreading the opportunities and advantages of
education in the various parts of the country, and among
the different orders of the peojole, it shall be the duty of
legislatures and magistrates, in all future periods of this
commonwealth, to cherish the interests of literature and
the sciences, and all seminaries of them ; especially the
university at Cambridge, public schools and grammar
schools in the towns ; to encourage private societies and
public institutions, rewards and immunities, for the pro-
motion of agriculture, arts, sciences, commerce, trades,
manufactures, and a natural history of the country; to
countenance and inculcate the principles of humanity and
general benevolence, public and ])rivate charity, industry
and frugality, honesty and punctnality in their dealings;
sincerity, good humor, and all social affections, and gen-
erous sentiments, among the people.

Oaths, etc.

CHAPTER Vr.

OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND
EXCLUSION FROM OFFICES; PECUNLVRY QUALIFICA-
TIONS; COMMISSIONS; WRITS; CONFHIMATION OF LAWS;
HABEAS CORPUS; THE ENACTINCJ STYLE; CONTINU-
ANCE OF OFFICERS; PROVISION FOP. A FUTURE REVISAL
OF THE CONSTITUTION, ETC.

Article I. [Any person chosen governor, lieutenant-
governor, councillor, senator, or representative, and accept-

COMMONWEALTH OF MASSACHUSETTS.

Declaration and
oaths of all
oflScera.

ing tlie trust, shall, before lie proceed to execute the duties
of his j)lace or office, make and subscribe the following
declaration, viz. :

" I, A. B., do declare, that I believe the Christian reli- Abolished, sea

11 n • J? -J. J. i.1 1 J.1 J. T amendments,

gion, and have a nrm persuasion oi its truth ; and that 1 Art. vii.
am seised and possessed, in my own right, of the property
required by the constitution, as one qualification for the
office or place to which I am elected."

And the governor, lieutenant-governor, and councillors,
shall make and subscribe the said declaration, in the pres-
ence of the two houses of assembly ; and the senators and
representatives, first elected under this constitution, before
the president and five of the council of the former consti-
tution ; and forever afterwards before the governor and
council for the time being.]

And every person chosen to either of the places or
offices aforesaid, as also any person appointed or commis-
sioned to any judicial, executive, military, or other office
under the government, shall, before he enters on the dis-
charge of the business of his place or office, take and sub-
scribe the following declaration, and oaths or affirmations,
viz. :

["I, A. B., do truly and sincerely acknowledge, profess. For new oath
testify, and declare, that the Commonwealth of Massachu- Bee'*!ira^Jnd°*^'
setts is, and of right ought to be, a free, sovereign, and "'''"'*' ^''t- ^^'
independent state ; and I do swear, that I will bear true
faith and allegiance to the said commonwealth, and that I
will defend the same against traitorous conspiracies and all
hostile attempts whatsoever ; and that I do renounce and
abjure all allegiance, subjection, and obedience to the king,
queen, or government of Great Britain (as the case may
be), and every other foreign power whatsoever ; and that no
foreign prince, person, prelate, state, or potentate, hath, or
ought to have, any jurisdiction, superiority, pre-eminence,
authority, dispensing or other power, in any matter, civil,
ecclesiastical, or spiritual, within this commonwealth, ex-
cept the authority and power which is or may be vested
by their constituents in the congress of the United States:
and I do further testify and declare, that no man or body
of men hath or can have any right to absolve or discharge
me from the obligation of this oath, declaration, or affir-
mation ; and that I do make this acknowledgment, pro-
fession, testimony, declaration, denial, renunciation, and
abjuration, heartily and truly, according to the common
meaning and acceptation of the foregoing words, without
any equivocation, mental evasion, or secret reservation
whatsoever. So help me, God."]

CONSTITUTION OF THE

Oatb of office.

Proviso.
Sec .iraond-
menta, Art. VI.

Oaths and
affirmations,
how adminis-
tered.

Plurality of
oflici's proliibit-
ed to governor,
etc., except, etc.
Bee iiraend-
nients, Art.

vm.

Same subject.
1 Allen, 653.

Incompatible

ofllecs.

For furtlier pro-

"I, A. B., do solemnly swear and affirm, that I will
faitlifully and impartially discharge and perform all the
duties incumbent on me as , according to

the best of my abilities and understanding, agreeably to
the rules and regulations of the constitution and the laws
of the commonwealth. So help me, God."

Provided, always, that when any person chosen or ap-
pointed as aforesaid, shall be of the denomination of the
people called Quakers, and shall decline taking the said
oath[s], he shall make his affii-mation in the foregoing
form, and subscribe the same, omitting the words, [" I do
sivear,''^ " and ahjure,'' " oath or" "• a)id ahjuratlon,'^ in the
first oath ; and in the second oath, the words] " swear
and,'^ and [in each of them] the words " So help me,
God ; " subjoining instead thereof, " TJds I do under the
pains and penalties of j)ery»ry."

And tlie said oaths or affirmations shall be taken and
subscribed by the governor, lieutenant-governor, and coun-
cillors, before the president of the senate, in the presence
of the two houses of assembly ; and by the senators and
representatives first elected under this constitution, before
the president and live of the council of the former consti-
tution ; and forever afterwards before the governor and
council for the time being; and by the residue of the
officers aforesaid, before such persons and in such manner
as from time to time shall be prescribed by the legislature.

II. No governor, lieutenant-governor, or judge of the
supreme judicial court, shall hold any other office or place,
under the autliority of this commonwealth, except such' as
by this constitution tliey are admitted to hold, saving that
the judges of the said court may hold the offices of justices
of tlie peace through the state; nor shall they hold any
other place or office, or receive any pension or salary from
any other state or government or power whatever.

No person shall be capable of holding or exercising at
the same time, within this state, more than one of the
following offices, viz. : judge of probate — sheriff — regis-
ter of probate — or register of deeds; and never more
than any two offices, whicli are to be held by appointment
of the governor, or the governor and council, or tlie senate,
or the house of representatives, or by the election of the
people of the state at large, or of the people of any county,
military offices, and the offices of justices of the peace ex-
cepted, shall be held by one person.

No jicrson holding the office of judge of the supreme
judicial court — secretary — attorney-general — solicitor-

COMMONWEALTH OF MASSACHUSETTS. 31

general — treasurer or receiver-^s^eneral — judge of probate visions as to

— commissary -general — [president, j)roiessor, or instruct- oiucesUce
or of Harvard College] — sheriff — clerk of the house of 'X.-u viTi"'^'
representatives — register of probate — register of deeds ^'fj p'*,y,i°''*'"'

— clerk of the supreme judicial court — clerk of the infe- excepted iTy
rior court of common pleas — or ofBcer of the customs, Arti'xxvu.'
including in this description naval ofBcers — shall at the

same time have a seat in the senate or house of represen-
tatives ; but their being chosen or appointed to, and accept-
ing the same, shall operate as a resignation of their seat in
the senate or house of representatives ; and the place so
vacated shall be filled up.

And the same rule shall take place in case any judge of incompatible
the said supreme judicial court, or judge of probate, shall ° ^'^^'
accept a seat in council ; or any councillor shall accept of
either of those offices or places.

And no person shall ever be admitted to hold a seat in Bribery, etc.,
the legislature, or any office of trust or importance under '^'^^"''^'^"y-
the government of this commonwealth, who shall, in the
due course of law, have been convicted of bribery or
corruption in obtaining an election or appointment.

HI. In all cases where sums of money are mentioned Value of money
in this constitution, the value thereof shall be computed ***'=^"'»^"'"i-
in silver, at six shillings and eight pence per ounce; and Property quaii-
it shall be in the power of the legislature, from time to bc'inorea^'d!
time, to increase such qualifications, as to property, of the mTnts™Art.
persons to be elected to offices, as the circumstances of xiii. '
the commonwealth shall require.

IV. All commissions shall be in the name of the Provisions
Commonwealth of Massachusetts, signed by the governor commissions.
and attested by the secretary or his deputy, and have the

great seal of the commonwealth affixed thereto.

V. All writs, issuing out of the clerk's office in any of Provisions re-
the courts of law, shall be in the name of the Common- I'pTck'.'loT'^^'
wealth of INIassachusetts ; they shall be under the seal of i3'Qray^74
the court from whence they issue ; they shall bear test of

the first justice of the court to which they shall be returna-
ble, who is not a party, and be signed by the clerk of such
court.

VI. All the laws which have heretofore been adopted, continuation of
used, and approved in the Province, Colony, or State of cxoep[,'etc.*'
Massachusetts Bay, and usually practised on in the courts ii^-'ss-od.

2 Mass. 534.

of law, shall still remain and be in full force, until altered s pick, aoo, .-jio.
or repealed by the legislature ; such parts only excepted 2 Met. iis. '
as are repugnant to the rights and liberties contained in
this constitution.

CONSTITUTION OF THE

Benefit of
habean corpus
secured, except,
etc.

The enacting
style.

Officers of
former govern-
ment continued
until, etc.

Proviwion for
revising con-
stitution.
For cxistini;
provision ac to
iinicndinc'iits,
see anieml-
ments. Art. IX.

Provision for
revising con-
Btitutioa.

VII. The privilege and benefit of the writ of habeas
corpus shall be enjoyed in this commonwealth, in the most
free, easy, cheap, expeditious, and ample manner ; and
shall not be suspended by the legislature, except upon the
most urgent and pressing occasions, and for a limited
time, not exceeding twelve months.

VIII. The enacting style, in making and passing all
acts, statutes, and laws, shall be — " Be it enacted by the
Senate and House of Representatives, in General Court
assembled, and by the authority of the same."

IX. To the end there may be no failure of justice, or
danger arise to the commonwealth from a change of the
form of government, all officers, civil and military, hold-
ing commissions under the government and people of
Massachusetts Bay in New England, and all other officers
of the said government and people, at the time this con-
stitution shall take effect, shall have, hold, use, exercise,
and enjoy, all the powers and authority to them granted
or committed, until other persons shall be appointed in
their stead ; and all courts of law shall proceed in the
execution of the business of their respective departments ;
and all the executive and legislative officers, bodies, and
powers shall continue in full force, in the enjoyment and
exercise of all their trusts, employments, and authority ;
until the general court, and the supreme and executive
officers under this constitution, are designated and in-
vested with their respective trusts, powers, and authority.

X. [In order the more effectually to adhere to the
principles of the constitution, and to correct those viola-
tions which by any means may be made therein, as well
as to form such alterations as from experience shall be
found necessary, the general court which shall be in the
year of our Lord one thousand seven hundred and ninety-
five, shall issue precepts to the selectmen of the several
towns, and to the assessors of the unincorporated planta-
tions, directing them to convene the qualified voters of
their respective towns and plantations, for the purpose of
collecting tlicir sentiments on the necessity or c-\pediency
of revising the constitution, in order to amendments.

And if it shall appear, by the returns made, that two-
thirds of the qualified voters throughout the state, who
shall assemble and vote in consequence of the said pre-
cei)ts, are in favor of sucli revision or amendment, the
general court shall issue precepts, or direct them to be
issued from the secretary's office, to the several towns
to elect delegates to meet in convention for the purpose
aforesaid.

COMMONWEALTH OF MASSACHUSETTS.

The said delegates to be chosen in the same manner
and proportion as their representatives in the second
branch of the legishiture are by this constitution to be
cliosen.]

XI. This form of government shall be enrolled on Provision for
parchment, and deposited in the secretary's office, and be publtshlnf uas
a part of the laws of the land ; and printed copies thereof constitution,
shall be prefixed to the book containing the laws of this
commonwealth, in all future editions of the said laws.

ARTICLES OF AMENDMENT.

General court
empowered to
charter cities.
122 Mass. 354.

Article I. If any bill or resolve shall be objected to, Bin, etc., not
and not approved by the governor; and if the general fivl'day^.not^to
court shall adiourn within five days after the same shall H^.TT^ 'T '''^^'

• ii. 1 /»• II legislature

have been laid before the governor for his approbation, adjourn in tiie
and thereby prevent his returning it with his objections, sMass. ost.
as provided by the constitution, such bill or resolve shall if§ i"] A^tVii^
not become a law, nor have force as such.

Aet. II. The general court shall have full power and
authority to erect and constitute municipal or city gov-
ernments, in any corporate town or towns in this com-
monwealth, and to grant to the inhabitants thereof such
powers, privileges, and immunities, not repugnant to the
constitution, as the general court shall deem necessary
or expedient for the regulation and government thereof,
and to prescribe the manner of calling and holding public
meetings of the inhabitants, in wards or otherwise, for
the election of officers under the constitution, and the
manner of returning the votes given at such meetings.
Provided, that no such government shall be erected or
constituted in any town not containing twelve thousand
inhabitants, nor unless it be with the consent, and on the
application of a majority of the inhabitants of such town,
present and voting thereon, pursuant to a vote at a meet-
ing duly warned and holden for that purpose. And pro-
vided, also, that all by-laws, made by such municipal or
city government, shall be subject, at all times, to be an-
nulled by the general court.

Art. III. Every male citizen of twenty-one years of Qualifications of

age and upwards, excepting paupers and persons under Irno^ileua-n!"

guardiansliip, who shall have resided within the common- seMtors'Md'

wealth one year, and within the town or district in which representatives.

•^ 11 Pick. 638, 540.

Proviso.

112 Mass. 200.

CONSTITUTION OF THE

U Pick. 341.
14 Mass. 307.
5 Met. 162, 298,
591, 594.
7 Gray, 209.
122 Mass. 595,
597

124 Mass. 596.
For educational
qiialiliculion,
eee amend-
ments, Art. XX.
For provision as
t) those wlio
liave served in
the army or
navy in time of
■war, see amend-
ments. Art.
XXVIU.

Notaries public,
how appointed
and removed.

Vacancies in the
offices of secre-
tary and treas-
tn-er, how filled.
This clause
Buperseded by
amendments,
Art. XVU.

Commissary-
general may bo
appointed, in
case, etc.

Militia officers,
how removed.

Who may vote
for captains and
Bubultcrns.

Oath to bo taken
by all officers.
See Const.,
Ch. VI. Art. I.

he may claim a right to vote, six calendar months next
preceding any election of governor, lieutenant-governor,
senators, or representatives, and who shall have j)aid, by
himself, or his parent, master, or guardian, any state or
county tax, which shall, within two years next preceding
such election, have been assessed upon hira, in an}^ town
or district of this commonwealth ; and also every citizen
who shall be, by law, exempted from taxation, and who
shall be, in all other respects, qualified as above mentioned,
shall have a right to vote in such election of governor,
lieutenant-governor, senators, and representatives ; and no
other person shall be entitled to vote in such elections.

See also amendments. Art. XXIH., which was annulled by amendments, Art. XXVI.

Art. IV. Notaries public shall be appointed by the
governor in the same manner as judicial officers are ap-
pointed, and shall hold their offices during seven years,
unless sooner removed by the governor, with the consent
of the council, upon the address of both houses of the
legislature.

[In case the office of secretary or treasurer of the com-
monwealth shall become va«*aiit from any cause, during
the recess of the general court, the governor, with the
advice and consent of the council, shall nominate and
appoint, under such regulations as may be prescribed by
law, a competent and suitable person to such vacant office,
who shall hold the same until a successor shall be appointed
by the general court.]

Whenever the exigencies of the commonwealth shall
require the appointment of a commissary-general, he shall
be nominated, appointed, and commissioned, in such man-
ner as the legislature may, by law, prescribe.

All officers commissioned to command in the militia
may be removed from office in such manner as the legis-
lature may, by law, prescribe.

Art. V. In the elections of captains and subalterns
of the militia, all the members of their respective compa-
nies, as well those under as those above the age of twenty-
cue years, shall have a right to vote.

Art. VI. Instead of the oath of allegiance prescribed
by the constitution, the following oath shall be taken and
subscribed by every person chosen or appointed to any
office, civil or military, under the government of this
commonwealth, before he shall enter on the duties of his
office, to wit : —

"I, A. B., do solemnly swear, that I will bear true faith

COMMONWEALTH OF MASSACHUSETTS.

and allegiance to the Commonwealth of Massachusetts, and
will support the constitution thereof. So help me, God."

Provided^ That when any person shall be of the denomi- Proviso. Qua-
nation called Quakers, and shall decline taking said oath, ^'^'"•^y* ''"'•
he shall make his affirmation in the foregoing form, omit-
ting the word " swear " and inserting, instead thereof, the
word " affirm," and omitting the words " So help me, God,"
and subjoining, instead thereof, the words, " This I do
under the pains and penalties of perjury."

Art. VH. No oath, declaration, or subscription, except- Tesu abolished,
ing the oath prescribed in the preceding article, and the
oath of office, shall be required of the governor, lieutenant-
governor, councillors, senators, or representatives, to quali-
fy them to perform the duties of their respective offices.

Art. VHI. No judge of any court of this common- incotripatibiiity
wealth, (except the court of sessions,) and no person 122 MaL.' 445,
holding any office under the authority of the United ^Mass-sss.
States, (postmasters excepted,) shall, at the same time,
hold the office of governor, lieutenant-governor, or coun-
cillor, or have a seat in the senate or house of representa-
tives of this commonwealth ; and no judge of any court in
this commonwealth, (except the court of sessions,) nor
the attorney-general, solicitor-general, county attorney,
clerk of any court, sheriff, treasurer, and receiver-general,
register of probate, nor register of deeds, shall continue
to hold his said office after being elected a member of the
Congress of the United States, and accepting that trust;
but the acceptance of such trust, by any of the officers
aforesaid, shall be deemed and taken to be a resignation
of his said office ; and judges of the courts of common pleas
shall hold no other office under the government of this
commonwealth, the office of justice of the peace and mili-
tia offices excepted.

Aet. IX. If, at any time hereafter, any specific and Aniendments to
particular amendment or amendments to the constitution how made. '
be proposed in the general court, and agreed to by a ma-
jority of the senators and two-thii-ds of the members of
the house of representatives present and voting thereon,
such proposed amendment or amendments shall be entered
on the journals of the two houses, with the yeas and nays
taken thereon, and referred to the general court then next
to be chosen, and shall be published ; and if, in the general
court next chosen as aforesaid, such proposed amendment
or amendments shall be agreed to by a majority of the

CONSTITUTION OF THE

senators and two-thirds of the members of the house of
representatives present and voting thereon, then it shall
be the duty of the general court to submit such proposed
amendment or amendments to the people ; and if they
shall be approved and ratified by a majority of the quali-
fied voters, voting thereon, at meetings legally warned and
holden for that purpose, they shall become part of the
constitution of this commonwealth.

Coramencement
of political year,

and termination.

Meetings for the
choice of gov-
ernor, lieuten-
ant-governor,
etc., when to be
held.

This clause
Bnperseded by
araendmuiits.
Art. XV.

Article, when to
go into opera-
tion.

Art. X. The political year shall begin on the first
Wednesday of January, instead of the last Wednesday of
May ; and the general court shall assemble every year on
the said first Wednesday of January, and shall proceed, at
that session, to make all the elections, and do all the other
acts, which are by the constitution required to be made and
done at the session which has heretofore commenced on the
last Wednesday of May. And the general court shall be
dissolved on the day next preceding the first Wednesday
of January, without any proclamation or other act of the
governor. But nothing herein contained shall prevent
the general court from assembling at such other times as
they shall judge necessary, or when called together by the
governor. The governor, lieutenant-governor and coun-
cillors, shall also hold their respective offices for one year
next following the first Wednesday of January, and until
others are chosen and qualified in their stead.

[The meeting for the choice of governor, lieutenant-
governor, senators, and representatives, shall be held on
the second INIonday of November in every year ; but meet-
ings may be adjourned, if necessary, for the choice of
representatives, to the next day, and again to the next
succeeding day, but no further. But in case a second
meeting shall be necessary for the choice of representa-
tives, such meetings shall be held on the fourth Monday
of the same month of November.]

All the other provisions of the constitution, respecting
the elections and proceedings of the members of the gen-
eral court, or of any other oificors or persons whatever, that
have reference to the last Wednesday of May, as the com-
mencement of the political year, shall be so far altered, as
to have like reference to the first Wednesday of January.

This article shall go into operation on the first day of
October, next following the day when the same shall be
duly ratified and adopted as an anu'iulnient of the consti-
tution; and tlie governor, lieutenant-governor, councillors,
senators, representatives, and all other state officers, who

COMMONWEALTH OF MASSACHUSETTS.

Religions
freedom
established.
See Dec. of
Rights, Art.

are annually chosen, and who shall be chosen for the cur-
rent year, when the same shall go into operation, shall
hold their respective ofBces until the first Wednesday of
January then next following, and until others are chosen
and qualified in their stead, and no longer ; and the first
election of the governor, lieutenant-governor, senators, and
representatives, to be had in virtue of this article, shall
be had conformably thereunto, in the month of November
following the day on which the same shall be in force, and
go into operation, pursuant to the foregoing provision.

All the provisions of the existing constitution, incon- inconsistent
sistent with the provisions herein contained, are hereby ^^uiiLd!^
wholly annulled.

Art. XI. Instead of the third article of the bill of
rights, the following modification and amendment thereof
is substituted : —

"As the public worship of God and instructions in
piety, religion, and morality, promote the happiness and
prosperity of a people, and the security of a republican
government ; therefore, the several religious societies of
this commonwealth, whether corporate or unincorporate,
at any meeting legally warned and holden for that pur-
pose, shall ever have the right to elect their pastors or
religious teachers, to contract with them for their support,
to raise money for erecting and repairing houses for public
worship, for the maintenance of religious instruction, and
for the payment of necessary expenses ; and all persons
belonging to any religious society shall be taken and held
to be members, until they shall file with the clerk of such
society a written notice,, declaring the dissolution of their
membership, and thenceforth shall not be liable for any
grant or contract which may be thereafter made, or entered
into by such society; and all religious sects and denomi-
nations, demeaning themselves peaceably, and as good citi-
zens of the commonwealth, shall be equally under the
protection of the law ; and no subordination of any one
sect or denomination to another shall ever be established
by law."

Art. XII. [In order to provide for a representation
of the citizens of this commonwealth, founded upon the
principles of equality, a census of the ratable polls, in each
city, town, and district of the commonwealth, on the first
day of May, shall be taken and returned into the secre-
tary's office, in such manner as the legislature shall pro-
vide, within the month of May, in the year of our Lord

122 Mass. 40, 41.

Census of rata-
ble polls to be
taken in 1837,
and decennially
thereafter.
This article was
superseded by
amendments,
Art. Xm.,
■which was also
superseded by

CONSTITUTION OF THE

amendmentB,
Art. XXI.
Reprei>eiita-
tivcB, bow
apportioued.

Towns having
less than 300
ratable polls,
how repreuent-
ed.

Fractions, how
represented.

Towns may
unite into repre-
sentative dis-
tricts.

The governor
and council to
determine the
number of rep-
resentatives to
which each
town is entitled.

New apportlon-
nientto he made
onco in every
ten years.

one thousand eight hundred and thirty-seven, and in every
tenth year thereafter, in the month of May, in manner
aforesaid ; and each town or city having three hundred rata-
ble polls at the last preceding decennial census of polls,
may elect one representative, and for every four hundred
and fifty ratable polls in addition to the first three hun-
dred, one representative more.

Any town having less than three hundred ratable polls
shall be represented thus: The whole number of ratable
polls, at the last preceding decennial census of polls, shall
be multiplied by ten, and the product divided by three
hundred ; and sach town may elect one representative as
many years within ten years, as three hundred is contained
in the product aforesaid.

Any city or town having ratable polls enough to elect
one or more representatives, with any number of polls
beyond the necessary number, may be represented, as to
that surplus number, by multiplying such surplus number
by ten and dividing the product by four hundred and fifty;
and such city or town may elect one additional represen-
tative as many years, within the ten years, as four hundred
and fifty is contained in the product aforesaid.

Any two or more of the several towns and districts
may, by consent of a majority of the legal voters present
at a legal meeting, in each of said towns and districts,
respectively, called for that purpose, and held previous to
the first day of July, in the year in which the decennial
census of polls shall be taken, form themselves into a rep-
resentative district to continue until the next decennial
census of polls, for the election of a representative, or rep-
resentatives ; and such district shall have all the rights, in
regard to representation, which would belong to a town
containing the same number of ratable polls.

The governor and council shall ascertain and determine,
within the months of July and August, in the year of our
Lord one thousand eight hundred and thirty-seven, accord-
ing to the foregoing principles, the number of representa-
tives, which each cit}', town, and representative district is
entitled to elect, and the number of years, within the
period of ten years then next ensuing, that each city,
town, and representative district may elect an additional
representative ; and where any town has not a sufficient
number of polls to elect a representative each year, then,
how many years within the ten years, such town may elect
a representative ; and the same sluill be done once in ten
years, thereafter, by the governor and council, and the

COMMONWEALTH OF MASSACHUSETTS.

number of ratable polls in each decennial census of polls,
shall determine the number of representatives, which each
city, town and representative district may elect as afore-
said ; and when the number of representatives to be elected
by each city, town, or representative district is ascertained
and determined as aforesaid, the governor shall cause the
same to be published forthwith for the information of the
people, and that number shall remain fixed and unalterable
for the period of ten years.

All the provisions of the existing constitution incon- inconsistent
sistent with the provisions herein contained, are hereby
wholly annulled.]

provisions
annulled.

Art. Xin. [A census of the inhabitants of each city
and town, on the first day of May, shall be taken, and
returned into the secretary's office, on or before the last
day of June, of the year one thousand eight hundred and
forty, and of every tenth year thereafter ; which census
shall determine the apportionment of senators and repre-
sentatives for the term of ten years. 122 Mass. 595.

The several senatorial districts now existing shall be
permanent. The senate shall consist of forty members ;
and in the year one thousand eight hundred and forty,
and every tenth year thereafter, the governor and council
shall assign the number of senators to be chosen in each
district, according to the number of inhabitants in the
same. But, in all cases, at least one senator shall be
assigned to each district.

The members of the house of representatives shall be
apportioned in the following manner : Every town or city
containing twelve hundred inhabitants may elect one rep-
resentative ; and two thousand four hundred inhabitants
shall be the mean increasing number, which shall entitle
it to an additional representative.

Every town containing less than twelve hundred inhab-
itants shall be entitled to elect a representative as many
times within ten years as the number one hundred and
sixty is contained in the number of the inhabitants of said
town. Such towns may also elect one representative for
the year in which the valuation of estates within the com-
monwealth shall be settled.

Any two or more of the several towns may, by consent
of a majority of the legal voters present at a legal meet-
ing, in each of said towns, respectively, called for that
purpose, and held before the first day of August, in the
year one thousand eight hundred and forty, and every

Census of inhab-
Hants to be taken
in 1840, and de-
cennially there-
after, for basis
of representa-
tion.

Provisions as to
census super-
seded by amend-
ments, Arts.
XXI. and XXH.
Senatorial dis-
tricts declared
permanent.
Provisions as to
senators super-
seded by amend-
ments, Art.
XXU.

House of repre-
sentatives, how
apportioned.
Provisions as to
representatives
superseded by
amendments,
Art. XXI.

Small towns,
how repre-
sented.

Towns may
unite into repre-
sentative dis-
tricts.

CONSTITUTION OF THE

Basis of repre-
BentatioD, and
ratio of increase.

Tbe governor
and council to
apportion tbe
number of rep-
resentatives of
eacb town once
in every ten
years.

Councillors to
be cboBcn from
tbe people at
large.

Provisions as to
councillors
Buperseded by
amendments,
Art. XVI.

Qualifications of
councillors.

Frccbold as a
qualification for
a seat in general
court or council
not required.

tenth year thereafter, form themselves into a representa-
tive district, to continue for the term of ten years ; and
such district shall have all the rights, in regard to repre-
sentation, which would belong to a town containing the
same number of inhabitants.

The number of inhabitants which shall entitle a town
to elect one representative, and the mean increasing num-
ber which shall entitle a town or city to elect more than
one, and also the number by which the population of towns
not entitled to a representative every year is to be divided,
shall be increased, respectively, by one-tenth of the num-
bers above mentioned, whenever the population of the
commonwealth shall have increased to seven hundred and
seventy thousand, and for every additional increase of
seventy thousand inhabitants, the same addition of one-
tenth shall be made, respectively, to the said numbers
above mentioned.

In the year of each decennial census, the governor and
council shall, before the first day of September, apportion
the number of representatives which each city, town, and
representative district is entitled to elect, and ascertain
how many years, within ten years, any town may elect a
representative, which is not entitled to elect one every
year ; and the governor shall cause the same to be pub-
lished forthwith.

Nine councillors shall be annually chosen from among
the people at large, on the first Wednesday of Januarj',
or as soon thereafter as may be, by the joint ballot of the
senators and representatives, assembled in one room, who
shall, as soon as may be, in like manner, fill up any vacan-
cies that may happen in the council, by death, resignation,
or otherwise. No person shall be elected a councillor, who
has not been an inhabitant of this commonwealth for the
term of five years immediately preceding his election ;
and not more than one councillor shall be chosen from
any one senatorial district in the commonwealth.]

No possession of a freehold, or of any other estate, shall
be required as a qualification for holding a seat in either
branch of the general court, or in the executive council.

Elections by tbo AiiT. XIV. Ill all clpctions of civil officers by the peo-

pi'uTaiityof ''^ pie of this commonwealth, whose election is provided for

votes. ]jy i\^Q constitution, the person having the highest number
of votes shall be deemed and declared to be elected.

Time of annual Art. XV. Thc meeting for the choice of governor,

crnor7md legu- lieutcnaut-governor, senators, and representatives, shall

Uture.

COMMONWEALTH OF MASSACHUSETTS.

be held, on the Tuesday next after the first Monday in
November, annually ; but in case of a failure to elect repre-
sentatives on that day, a second meeting shall be holden,
for that purpose, on the fourth Monday of the same month
of November.

Art, XVI. Eight councillors shall be annually chosen
by tlie inhabitants of tliis commonwealth, qualified to vote
for governor. The election of councillors shall be deter-
mined by the same rule that is required in the election of
governor. The legislature, at its first session after this
amendment shall have been adopted, and at its first ses-
sion after the next state census shall have been taken,
and at its first session after each decennial state census
thereafterwards, shall divide the commonwealth into eight
districts of contiguous territory, each containing a number
of inhabitants as nearly equal as practicable, without divid-
ing any town or ward of a city, and each entitled to elect
one councillor : provided, however^ that if, at any time, the
constitution shall provide for the division of the common-
wealth into forty senatorial districts, then the legislature
shall so arrange the councillor districts, that each district
shall consist of five contiguous senatorial districts, as
they shall be, from time to time, established by the legisla-
ture. No person shall be eligible to the office of council-
lor who has not been an inhabitant of the commonwealth
for the term of five years immediately preceding his elec-
tion. The day and manner of the election, the return of
the votes, and the declaration of the said elections, shall
be the same as are required in the election of governor.
[Whenever there shall be a failure to elect the full num-
ber of councillors, the vacancies shall be filled in the same
manner as is required for filling vacancies in the senate ;
and vacancies occasioned by death, removal from the state,
or otherwise, shall be filled in like manner, as soon as may
be, after sucli vacancies shall have happened.] And that
there may be no delay in the organization of the govern-
ment on the first Wednesday of January, the governor,
with at least five councillors for the time being, shall, as
soon as may be, examine the returned copies of the records
for the election of governor, lieutenant-governor, and coun-
cillors ; and ten days before the said first Wednesday in
January he shall issue his summons to such persons as
appear to be chosen, to attend on that day to be qualified
accordingly ; and the secretary shall lay the returns before
the senate and house of representatives on the said first

Eight council-
lors to be chosen
hy the people.
122 Mass. 595,
698.

Legislature to
district state.

Eligibility
defined.

Day and manner
of election, etc.

Vacancies, how
filled.

For new pro-
vision as to
vacancies, see
amendments,
XXV.

Organization of
the government.

CONSTITUTION OF THE

Election of
socretJiry, treas-
urer, auditor,
and attonu'y-
geiieral by the
people.

Vacancies, how
filled.

To qualify •with-
in ten days,
otlHTwUu office
to be deemed
vacant.

Quulification
requisite.

School moneys
not to be ap-
plied for Bccta-

Wednesday in January, to be by them examined ; and in
case of the election of either of said ofiicers, the choice
shall be by them declared and published ; but in case there
shall be no election of either of said ofl&cers, the legisla-
ture shall proceed to fill such vacancies in the manner pro-
vided in the constitution for the choice of such officers.

Art. XVII. The secretary, treasurer and receiver-
general, auditor, and attorney-general, shall be chosen
annually, on the day in November prescribed for the
choice of governor ; and each person then chosen as such,
duly qualified in other respects, shall hold his office for
the term of one year from the third Wednesday in Jan-
uary next thereafter, and until another is chosen and
qualified in his stead. The qualification of the voters,
the manner of the election, the return of the votes, and
the declaration of the election, shall be such as are required
in the election of governor. In case of a failure to elect
either of said officers on the day in November aforesaid,
or in case of the decease, in the mean time, of the person
elected as such, such officer shall be chosen on or before
the third Wednesday in January next thereafter, from
the two persons who had the highest number of votes for
said offices on the day in November aforesaid, by joint
ballot of the senators and representatives, in one room ;
and in case the office of secretary, or treasurer and receiver-
general, or auditor, or attorney-general, shall become va-
cant, from any cause, during an annual or special session
of the general court, such vacancy shall in like manner
be filled by choice from the people at large ; but if such
vacancy shall occur at any other time, it shall be supplied
by the governor by appointment, with the advice and con-
sent of the council. The person so chosen or appointed,
duly qualified in other respects, shall hold his ollice until
his successor is chosen and duly qualified in his stead.
In case any person chosen or appointed to either of the
offices aforesaid, shall neglect, for the space of ten days
after he could otherwise enter upon his duties, to qualify
himself in all respects to enter upon the discharge of such
duties, the office to which he has been elected or appointed
shall be deemed vacant. No person shall be eligible to
either of said offices unless he shall have been an inhabit-
ant of this commonwealth five vears next preceding hi3
election or appointment.

Art. XVIII. All moneys raised by taxation in the
towns and cities for tlie support of public schools, and

COMMONWEALTH OF MASSACHUSETTS.

all moneys which may be appropriated by the state for
the support of common schools, shall be applied to, and
expended in, no other schools than those which are con-
ducted according to law, under the order and superintend-
ence of the authorities of the town or city in which the
money is to be expended; and such moneys shall never
be appropriated to any religious sect for the maintenance,
exclusively, of its own school.

Art. XIX. The legislature shall prescribe, by general
laAv, for the election of sheriffs, registers of probate, com-
missioners of insolvency, and clerks of the courts, by the
people of the several counties, and that district-attorneys
shall be chosen b}^ the people of the several districts, for
such term of ofBce as the legislature shall prescribe.

Art. XX. No person shall have the right to vote, or
be eligible to office under the constitution of this common-
wealth, who shall not be able to read the constitution in
the English language, and write his name : provided^ how-
ever^ that the provisions of this amendment shall not apply
to any person prevented by a physical disabilitj^ from com-
plying with its requisitions, nor to any person who now
has the right to vote, nor to any persons who shall be
sixty years of age or upwards at the time this amendment
shall take effect.

Art. XXI. A census of the legal voters of each city
and town, on the first day of May, shall be taken and
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the year one
thousand eight hundred and fifty-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enumer-
ation shall be made of the legal voters; and in each city,
said enumeration shall specify the number of such legal
voters aforesaid, residing in each ward of such city. The
enumeration aforesaid sliall determine the apportionment
of representatives for the periods between the taking of
the census.

The house of representatives shall consist of two hun-
dred and forty members, which shall be apportioned by
the legislature, at its first session after the return of each
enumeration as aforesaid, to the several counties of the
commonwealth, equally, as nearly as may be, according
to their relative numbers of legal voters, as ascertained

rian schools.

For original

provision as to

schools, soc

conslitution,

Part First, Art.

111.

12 Allen, 500,

5U8.

103 Mass. 94, 90,

Legislature to
prescribe for
the election of
sherifls, regis-
ters of probate,
etc., by the
people.
8 Gray, 1.
13 Gray, 74.
110 Mass. 172,
173.

117 Mass. 602,
603.

121 Mass. 65.
Reading consti-
tution in English
and writing,
necessary quail-
lications of
voters.
Proviso.

For other qualU
fications, see
amendments,
Art. in.
See also araend-
nicnts. Art.
XXIII., which
was annulled by
amendments.
Art. XXVI.

Census of legal
voters and of
inhabitants,
when taken, etc.
See P. S. c. 31.

House of repre-
sentatives to
consist of 240
members.
Legislature to
apportion, etc.
10 Gray, 613.

CONSTITUTION OF THE

Secretary shall
certify to oflicers
authorized to
divide counties.

Meeting for
division to be
first Tuesday
in Aujjust.
Proceedings.

Qualifications of
representatives.
122 Mags. 505,
598.

Districts to be
numbered,
described and
certified.

One hundred
mom burs a
(quorum.

by the next preceding special enumeration ; and the town
of Cohasset, in the county of Norfolk, shall, for this pur-
pose, as well as in the formation of districts, as hereinafter
provided, be considered a part of the county of Plymouth;
and it shall be the duty of the secretary of the common-
wealth, to certify, as soon as may be after it is determined
by the legislature, the number of representatives to which
each couuty shall be entitled, to the board authorized to
divide each county into representative districts. The
mayor and aldermen of the city of Boston, the county
commissioners of other counties than Suffolk, — or in lieu
of the mayor and aldermen of the city of Boston, or of the
county commissioners in each county other than Suffolk,
such board of special commissioners in each county, to
be elected by the people of the county, or of the towns
therein, as may for that purpose be provided by law, —
shall, on the first Tuesday of August next after each
assignment of representatives to each county, assemble at
a shire town of their respective counties, and proceed, as
soon as may be, to divide the same into representative
districts of contiguous territory, so as to apportion the
representation assigned to eacli county equally, as nearly
as may be, according to the relative number of legal voters
in the several districts of each county ; and such districts
shall be so formed that no town or ward of a city shall
be divided therefor, nor shall any district be made which
shall be entitled to elect more than tln-ee representatives.
Every representative, for one year at least next preceding
his election, shall have been an iniiabitant of the district
for which he is chosen, and shall cease to represent such
district when he shall cease to be an inhabitant of the
commonwealth. The districts in each county shall be
numbered by the board creating the same, and a descrip-
tion of each, with the numbers thereof and the number of
legal voters therein, shall be returned by the board, to the
secretary of the commonwealth, the C(ninty treasurer of
each county, and to the clerk of every town in each dis-
trict, to be filed and kept in their respective offices. The
manner of calling and conducting the meetings for the
choice of representatives, and of ascertaining their elec-
tion, shall be prescribed by law. Not less than one
hundred members of the house of representatives shall
constitute a quorum fordoing busini^ss : but a less num-
ber may organize temporarily, adjourn from day to day,
and compel the attendance of absent members.

COMMONWEALTH OF MASSACHUSETTS.

Census, etc.
See P. S. c. 31.

Art. XXII. A census of the legal voters of each city
and town, on the first day of May, shall be taken and
returned into the office of the secretary of the common-
wealth, on or before the last day of June, in the year one
thousand eight hundred and fifty-seven ; and a census of
the inhabitants of each city and town, in the year one
thousand eight hundred and sixty-five, and of every tenth
year thereafter. In the census aforesaid, a special enu-
meration shall be made of the legal voters, and in each
city said enumeration shall specify the number of such
legal voters aforesaid, residing in each ward of such city.
The enumeration aforesaid sliall determine the apportion-
ment of senators for the periods between the taking of the
census. The senate shall consist of forty members. The
general court shall, at its first session after each next pre-
ceding special enumeration, divide the commonwealth into
forty districts of adjacent territory, each district to contain,
as nearly as may be, an equal number of legal voters, ac-
cording to the enumeration aforesaid : provided, however,
that no town or ward of a city shall be divided therefor ;
and such districts shall be formed, as nearly as may be,
without uniting two counties, or parts of two or more
counties, into one district. Each district shall elect one
senator, who shall have been an inhabitant of this com-
monwealth five years at least immediately preceding his
election, and at the time of his election shall be an inhab-
itant of the district for which he is chosen ; and he shall
cease to represent such senatorial district when he shall
cease to be an inhabitant of the commonwealth. Not less
than sixteen senators shall constitute a quorum for doing
business ; but a less number may organize temporarily,
adjourn from day to day, and compel the attendance of
absent members.

Art. XXIII. [No person of foreign birth shall be en- Residence of
titled to vote, or shall be eligible to office, unless he shall quh-JcToTnatu-
have resided within the jurisdiction of the United States [o 'cmftie'tif suf-
for two years subsequent to his naturalization, and shall frage or raaUt-
be otherwise qualified, according to the constitution and Thuanicie '°'''
laws of this commonwealth; provided, that this amend- AnI'xsvi.
ment shall not affect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and,
provided, further, that it shall not affect the rights of any
child of a citizen of the United States, born during the
temporary absence of the parent therefrom.]

Art. XXIV. Any vacancy in the senate shall be filled vacancies in the

Voters to be
basis of appor-
tionment of
senators.

Senate to consist
of forty mem-
bers.

Senatorial
districts, etc.

See amend-
ments, Art.
XXIV.

Qualifications
of senators.

Sixteen mem-
bers a quorum.

CONSTITUTION OF THE

Vacancies in the
council.

Twenty-third
article of amond-
meuts annulled.

by election by the people of the unrepresented district,
upon the order of a majority of the senators elected.

Art. XXV. In case of a vacancy in the council, from
a failure of election, or other cause, the senate and house
of representatives shall, b}- concurrent vote, choose some
eligible person from the people of the district wherein such
vacancy occurs, to fill that office. If such vacancy shall
happen when the legislature is not in session, the governor,
with the advice and consent of the council, may fill the
same by appointment of some eligible person.

Art. XXVI. The twenty-third article of the articles
of amendment of the constitution of this commonwealth,
which is as follows, to wit : " No person of foreign birth
shall be entitled to vote, or shall be eligible to office, unless
he shall have resided within the jurisdiction of the United
States for two years subsequent to his naturalization, and
shall be otherwise qualified, according to tlie constitution
and laws of this commonwealth: provided^ that this amend-
ment siiall not affect the rights which any person of foreign
birth possessed at the time of the adoption thereof; and
provided^ further^ that it shall not affect the rights of any
child of a citizen of the United States, born during the
temporary absence of the parent therefrom," is hereby
wholly annulled.

Art. XXVII. So much of article two of chapter six
of the constitution of this commonwealth as relates to
persons holding the office of president, professor, or instruct-
or of Harvard College, is hereby annulled.

Persons having Art. XXVIII. No pcrson having served in the army
u.'s!anny or or uavy of tlic United States in time of war, and having
toTe'dUquaii- bccu lionorably discharged from such service, if otherwise
lied from voting, qualified to votc, shall be disqualified therefor on account
of being a pauper; or, if a pauper, because of the non-
payment of a poll-tax.

Officers of
Harvaril Oolleze
may bo elected
mennbers of
general court.

COMMONWEALTH OF MASSACHUSETTS. 47

The constitution of Massachusetts was agreed upon by delegates
of the people, in convention, begun and held at Cambridge, on the
first day of September, 1779, and continued by adjournments to the
second day of March, 1780, when the convention adjourned to meet
on the first Wednesday of the ensuing June. In the mean time the
constitution was submitted to the people, to be adopted by them,
provided two-thirds of the votes given should be in the affirmative.
When the convention assembled, it was found that the constitution
had been adopted by the requisite number of votes, and the conven-
tion accordingly Resolved, " That the said Constitution or Frame of
Government shall take place on the last Wednesday of October next;
and not before, for any purpose, save only for that of making elections,
agreeable to this resolution." The first legislature assembled at Bos-
ton, on the twenty-fifth day of October, 1780.

The first nine Articles of Amendment were submitted, by delegates
in convention assembled, November 15, 1820, to the people, and by
them ratified and adopted, April 9, 1821.

The tenth Article was adopted by the legislatures of the political
years 1829-30, and 1830-31, respectively, and was approved and rati-
fied by the people May 11, 1831.

The eleventh Article was adopted by the legislatures of the politi-
cal years 1832 and 1833, respectively, and was approved and ratified
by the people November 11, 1833.

The twelfth Article was adopted by the legislatures of the political
years 1835 and 1836, respectively, and was approved and ratified by
the people the fourteenth day of November, 1836.

The thirteenth Article was adopted by the legislatures of the polit-
ical years 1839 and 1840, respectively, and was approved and ratified
by the people the sixth day of April, 1840, and was repealed by the
twenty-sixth Amendment.

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and
nineteenth Articles were adopted by the legislatures of the political
years 1854 and 1855, respectively, and ratified by the people the
twenty-third day of May, 1855.

The twentieth, twenty-first, and twenty-second Articles were
adopted by the legislatures of the political years 1856 and 1857,
respectively, and ratified by the people on the first day of May, 1857.

The twenty-third Article was adopted by the legislatures of the
political years 1858 and 1859, respectively, and ratified by the people
on the ninth day of May, 1859.

48 CONSTITUTION OF MASSACHUSETTS.

The twenty-fourth and twenty-fifth Articles were adopted by the
legislatures of the political years 1859 and 1860, and ratified by the
people on the seventh day of May, 18G0.

The twenty-sixth Article was adopted by the legislatures of the
political years 18G2 and 1863, and ratified by the people on the sixth
day of April, 1863.

The twenty-seventh Article was adopted by the legislatures of the
political years 1876 and 1877, and was approved and ratified by the
people on the sixth day of November, 1877.

The twenty-eighth Article was adopted by the legislatures of the
political years 1880 and 1881, and was approved and ratified by the
people on the eighth day of November, 1881.

INDEX TO THE CONSTITUTION.

A-dilress of both houses of tlie legislature, judicial officers may be

removed by governor with consent of council upon, .
Adjutant-general, appointed by the governor, ....
Adjutants, to be appointed by commanding officers of regiments,
Affirmations, instead of the required oaths, may be made by Quakers,
Agriculture, arts, commerce, etc., to be encouraged.

Alimony, divorce, etc.,

Amendment to the constitution, proposed in the general court
agreed to by a majority of senators and two-thirds of house
present and voting thereon by yeas and nays ; entered
upon the journals of both houses, and referred to the next
general court : if the next general court agrees to the
proposition iu the same manner, and to the same effect, it
shall be submitted to the people, and, if approved by them
by a majority vote, becomes a part of the constitution,

Apportionment of councillors, 23

state to be divided into eight districts, ....

Apportionment of senators, 12

on basis of legal voters, and state to be divided into forty

districts,

Apportionment of representatives, 16, 38

to the several coimties, made on the basis of legal voters,
Annies, dangerous to liberty, and not to be maintained without con

sent of the legislature,

Arms, right of people to keep and to bear, for public defence, .
Arrest, members of house of representatives exempted from, on
mesne process, while going to, returning from, or attcndin

the general assembly,

Arrest, search and seizure, right of, regulated, ....
warrant to contain special designation, ....
Attorney-general, to be chosen by the people annually in November,
to hold office for one year from third Wednesday (n January
next thereafter, and until another is chosen and qualified, .

election determined by legislature,

in failure of election by the voters, or in case of decease of
person elected, vacancy to be filled by joint ballot of legis-
lature from the two persons having the highest number of

votes at November election,

Pago

oO, o5

28
26

35, 86

40,41

39,45

39, 43

7
7

20,42

42
42

50 INDEX TO THE CONSTITUTION.

A-ttonicy-Gcncral, vacancy occurring during session of the legislature,

fjlloil I)y j.)iiit liiillot of logi.-laturc from the people at large, 42

vacancy occurring during recess of legislature, lilled by gov-
ernor by appointment, with consent of council, ... 42

not eligible, unless an inhabitant of the state for five years next

preceding election or appointment, 42

office to be deemed vacant if persou elected or appointed fails

to be qualifled wilbiu ten days, 42

Attorneys, district, elected by the people of the several districts, . 43
Auditor, to be chosen by the people annually in November, . . 42

to hold ofiice for one year from thiid "Wednesday in January

next thereafter, and until another is chosen and qualified, 42

election determined by legislature, 42

vacancy filled in same manner as in office of attorney-general, . 42

not eligible, unless an inhabitant of the state for five years next

preceding election, 42

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, 42

Bail or sureties, excessive, not to be required, 9

Bills, money, to originate in the house of representatives, ... 17

Bills and resolves, to be laid before governor for revisal, ... 10

to have force of law if signed by governor, .... 10
if objected to by governor in writing, to be returned to branch
in which originated, and may be passed by two-thirds of

each branch present and voting thereon by yeas and nays, . 10
if not returned by governor within five days after presentation,
to have force of law, unless the legislature adjourns before

that time exnires, 10, 33

Boards, public, to make quarterly reports to the governor, ... 22

Body politic, formation and nature of, 3

title of : The Commonwealth of Massachusetts, .... 9
Bribery or corruption used in procuring an appointment or election,

to disqualify from holding any office of trust, etc., . . 31

Census of ratable polls, 37

of inhabitants, • . 39, 43, 45

of inhabitants and legal voters taken in the year 1S05, and every

tenth year thereafter, 43,45

enumeration of voters to determmc the apportionment of rep-
resentatives, 43

Cities, may be chartered by the general court, if containing twelve
thousand inhabitants and consented to by a majority there-
of 33

INDEX TO THE CONSTITUTION. 51

ruge
Civil officers, meeting for ejection to be held annually on the Tuesday

next after the (irstiroiiday in NovcJiibcr, .... 40
whose eleclimi is provided for by the constitution to be elected

by a plurality of votes, 40

Clerks of court;;, elected by the people of the several counties, . . 43
Clerks of towns, to make records and returns of elections, ... 13
Colonial laws, not repugnant to the constitution, continued in force, 31

Comniander-iu-chiuf. governor to be, 19

Coiniuerce, agiicu'.tiire and the arts, to be encouraged, ... 28
Commissary-general, appointed and commissioned as fixed by law, 25, 34
CtJtnmissiun oflicers, tentn-e of olKce to be expressed in commissions, 25
Commissioners of insolvency, elected by the people of the several

counties, 43

Commissions, to be in the name of the commonwealth, signed by
govei-nor, attested by the secretary, and have the great seal

affixed, 31

Congress, delegates to, 20

members of, may not hold certain state offices, .... 35
Constitution, amemlment to, proposed in the general court, agreed
to by a majority of senators and two-thirds of the house
present and voting thereon by yeas and nays ; entered upon
the journals of both houses, and referred to the next gen-
eral court : if the next gcnei-al court agrees to the propo-
sition in the same manner and to the same effect, it shall
be submitted to the people, and, if approved by llieni by a
majority vote, becomes a part of the constitution, . . 35, 30

Constitution, provisions for revising, 32, 35

to be enrollL'd on parchment, deposited in secretary's office, and

printed in all editions of the laws, 33

Coroners, 20

Corruption or bribeiy used in procuring any appointment or election,

to disqualify from holding any office of trust, etc., . . 31

Council, five members to constitute a quorum, 24

eight councillors to be elected annually, 24, 41

election to be determined by rule retjuired in that of governor, 41
to take oath of office before the president of the senate in pres-
ence of both houses of assembl}', ...... 30

to rank next after the lieutenant-governor, .... 24

resolutions and advice to be recorded in a register, and signed

by the members present, ....... 24

register of council may be called for by either house, ... 24
to exeicise the power of governor when office of governor and

lieutenant governor is vacant, 24

no properly <iualineali()n retjuired, 40

eight districts to be formed, each composed of five contiguous

senatorial districts, ........ 41

eligible to election if an inhabitant of state for five years pre-
ceding election, 41

term of office, 30

52 INDEX TO THE CONSTITUTION.

Page
Council, vacancy to be filled by election of a resident of the district by
concurrent vote of the senate and house ; if legislature
is not in session, to be filled by governor with advice of

council, 46

Court, superior, judges not to hold certain other offices, ... 35
Court, supreme judicial, judges to have honorable salaries fixed by

standing laws, and to hold office during good behavior, . 9, 22

judges not to hold certain other offices, 35

to give opinions upon important questions of law, etc., when
required by either branch of the legislature or by the gov-
ernor and council, 25

Courts, clerks of, elected by the people of the several counties, . . 43

Courts, probate, provisions for holding, , . 26

registers elected by the people of the several counties, . . 43

Courts and judicatories may be established by the general court, . 10, 11

may administer oaths or affirmations, 11

Crimes and offences, prosecutions for, regulated, 6, 7

Crimes to be proved in the vicinity of where they happen, ... 7

Debate, freedom of, in the legislature, 8

Declaration of the rights of the inhabitants, 4

Declaration and oaths of officers ; tests abolished, , . . .29, 34, 35

Delegates to congress, 26

Departments, legislative, executive and judicial, to be kept separate, 9

District attorneys, elected by the people of the several districts, . . 43
Districts, councillor, eight, each to be composed of five contiguous

senatorial districts, 41

Districts, senatorial, forty, to be of adjacent territory, and to contain

as near as may be an equal number of voters, ... 45
Districts, representative, to be established by commissioners in the

several counties, 30, 44

Divorce, alimony, etc., 26

Educational interests to be cherished, 28

Elections ought to be free, 6

Elections, by the people, of civil officers provided for by the constitu-
tion, to be by plurality of votes, 40

Election of civil officers, meeting to be held annually on the first

Tuesday next after the first Monday in November, . . 40
in case of failure to elect representative, meeting to be held on

fourth Monday of November, 41

Election returns, 13, 41

Enacting style of laws, established, 32

Equality and natural rights of all men, 4

INDEX TO THE CONSTITUTION. 53

I'ago

Estates, valuation to be taken anew once at least every ten years, . 12
Executive department, not to exercise legislative or judicial powers, . 9

£■.0 po«i::/acio laws, declared unjust and oppressive, .... 8

Felony and treason, no subject to be declared guilty of, by the legis-
lature, 8

Fines, excessive, not to be imposed, 9

Frame of government, 9

Freedom of speech and debate in the legislature, 8

Freehold, possession of, not required as qualification for seat in the

general court or council, . . . . . . .40

Fundamental principles of the constitution, a frequent recurrence to,

recommended, 8

General court, to assemble frequently for redress of grievances, and

for making laws, 8

freedom of speech and debate in, 8

not to declare any subject to be guilty of treason or felony, . 8

formed by two branches, a senate and house of representatives,

each having a negative on the other, 10

to assemble every year on the first Wednesday of January, at
such other times as they shall judge nccessaiy, and when-
ever called by the governor with the advice of council, 10, IS, oQ
may constitute and erect judicatories and courts, . . .10, 11
may make wholesome and reasonable laws and ordinances not

repugnant to the constitution, 11

may provide for the election or ai^pointment of officers, and pre-
scribe their duties, 11

may impose taxes, etc., to be used for the public service, . . 11
to be dissolved on the day next preceding the first Wednesday

of January, 19, .>/i

travelling expenses of members, 16

may be adjourned or prorogued, upon its request, by the gov-
ernor with advice of council, 19

session may be directed by governor, with advice of council, to
be held in other than the usual place in case of an infec-
tious distemper prevailing, 19

judicial ofiicers may be removed upon address of, . . . 25
person convicted of bribery not to hold seat in, . . . . 31
may Increase property qualifications of persons to be elected to

office, 31

certain ofiicers not to have seats in, 30

may be prorogued by governor and council for ninety days, if

houses disagree, etc., . . . . . . . . 19

64 INDEX TO THE CONSTITUTION.

Pasre
General coiirt, to elect major-generals by concurrent Tote, ... 21

empowered to charter cities, 33

to determine election of governor, lieutenant-governor and

councillors, . 41, 42

to prescribe by law for election of sheriffs, registers of probate
and commissioners of insolvency by the people of the coun-
ties, and district attorneys by the people of the districts, . 43

Government, objects of, 3, 5, 6

Government by the people, as a free, sovereign and independent state, 5

Governor, the supreme executive magistrate, styled, — The Governor
of the Commonwealth of Massachusetts; with title of, —

Ilis Excellency; elected annually, 18

qualifications, — to have been an inhabitant of the state for

seven years, and have freehold of £1,000 value, . . .IS, 35

term of ofuee, "5

should have an honorable stated salary, 22

the commander-in-chief of the anny and navj', but may not

oblige them to go out of tnc liuiits of the state, ... 19

to appoint the adjutant-general, 21

may call together the councillors at any time 19

not to hold certain other ofiices 30

to take oaths of office before president of the senate in presence

of the two houses of assembly, 30

to sign all commissions, 31

election determined by the legislature, 41, 42

veto power, 10

vacancy in office of, powers to bo exercised by the lieutenant-
governor, . 23

vacancy in office of governor and lieutenant-governor, powers

to be exercised by tlic council, 24

Governor, with advice of council, may adjourn or prorogue the Icgis-

latiue upon reque^^t, and convene the same, .... 19
may adjourn or prorogue the legislature for not exceeding ninety
days when houses disagree, or may direct session to be held
in other than the usual place in case of an infectious dis-
temper prevailing, 19

to appoint all judicial officers, notaries public and coroners;
nominations to be made at least seven days before appoint-
ment, 20,21,34

to appoint oITicers of the continental army, 21

may pardon offonces, but not before cotiviction, . . . . i:i»
may lili vacancy in council occurring when legislature is not in

session, 40

Governor, with consent of council, may remove judicial oCicers, upon

tlie address of both houses of the legislature, ... 25
Governor and conucil, to examine election returns, .... 14, 41
may puiiiah jiersons guilty of disrespect, etc., by imprisonment

not exceeding thirty days, 17

INDEX TO THE CONSTITUTION. 55

rage
Governor and council, quorum to consist of governor and at least five

membei-s of the council, 19

may require the attendance of the secretary of the common-

wcalth in person or by deputy, 25

Habeas corpus, privilege of writ to be enjoyed in the most ample
manner, and not to be suspended by legislature except upon

most urgent occasions,

Harvard College, powers and privileges, gifts, grants and conveyances

confirmed, 26, 27

board of overseers established, but the government of the

college may be altered by legislature, 27, 23

oQccrs may be elected members of the general court, . . 40
Ilcreditary ofilces and privileges, absurd and unnatural, ... 5

House of Representatives, members may be instructed by the pe^p!'^, 8
a representation of the people annually elected and lounicd

upon the principle of equality, 15

may impose fines upon towns not choosing members, . . 10

expense of travel once every session each way, to be paid by

the government, .16

to enter objections made by governor to a bill or resolve at

large upon records, 10

qualifications of members, 16, 40, 44

must be an inhabitant of district for one year preceding elec-
tion, and shall cease to be a member when ceasing to be

an inhabitant of the state, 44

members not to be arrested on mesne process during going to,

return from, or attending the general assembly, .
the grand inquest of the cominonwcallh, ....
to originate all money bills, but the senate may propose or con-
cur with amcn<l.ments,

not to adjourn more llian two days at a time,
one hundred members constitute a quorum,
to choose ofiicers, establish its rules, etc., ....
may punish by imprisonment, not exceeding thirty days, per-
sons guilty of disrespect, etc.; trial may be by committee,

privileges of members,

may require the attendance of secretary of the commonwealth

in person or by deputy 25

may require the opinions of the justices of the supreme judicial
court upon important questions of law, and upon solemn

25
occasions,

meeting for election to be hold on the Tuesday next after the

first Monday of November, 40

In case cf failure to elect, meeting to be held on the fourth

Monday of November, 41

17
17

17,44
17

17
17

66 INDEX TO THE CONSTITUTION.

Pagre
House of Kcpresentatives, to consist of two Imiulred and forty mem-
bers, apportioned to tlie several counties equally, according

to relative numbers of legal voters, 43

commissioners to divide counties into representative districts
of contiguous territory, but no town or ward of a city to

be divided, 44

no district entitled to elect more than three representatives, . 44
board authorized to divide county into districts, to be certified
to by the secretary, the number of representatives to which
the county is entitled, 44

Impeachments, by the house of representatives, to be tried by the
senate ; limitation of sentence ; party convicted liable to

indictment, 15

Incompatible offices, 30, 35

'* Inhabitant," the word defined, 13

Inhabitants, census to be taken in 1SG5, and every tenth year there-
after, oT. ;19, 43, 45

Insolvency, commissioners of, elected by the people of the several

counties, 43

Instniction of representatives, 8

Judges of courts may not hold certain other offices, . . . . 30, 35
Judges of the supreme judicial court, to hold office during good
behavior, and to have honorable salaries, established by

standing laws, S). 22, 25

to give opinions upon important questions of law, etc,, when
required by the governor and council, or either branch of

legislature, » . 25

not to hold certain other offices, 30

Judicatories and courts may be established by the general court, . 10

may administer oaths or affirmations, 11

Judicial department, not to exercise legislative or executive powers, . 9

Judicial officers, appointed by the governor with consent of council ;

nominations to be made seven days prior to appointment, . 21
to hold office during good behavior, except when otherwise pro-
vided by the constitution 25

may be removed from office by the governor, upon the address

of both houses of the legislature, 25

Jury, trial by, right secured, 7

Justices of the peace, commissions to expire in seven years from date

of appointment, but may be renewed, 20

INDEX TO THE CONSTITUTION. 67

Law-martial, only those employed in the army and navy, and the
militia in actual service, subject to, except by authority of

the legislature, 9

Laws, every person to have remedy in, for injury to person or prop-
erty, 6

power of suspension or execution of, only in the legislature, . 8

ex post facto, prohibited as unjust and inconsistent with free

government, 8

of province, colony and state, not repugnant to the constitu-
tion, continued in force, 31

Legislative power, 9

Legislative department, not to exercise executive or judicial powers, 9

Legislature (see General Court).

Liberty of the press, essential to the security of freedom, ... 7
Lieutenant-governor, to be annually elected in November, — title of,
His Honor ; who shall be qualified in property and resi-
dence same as governor, 23, 36, 40, 41

in the absence of governor, to be president of the council, . 23
to be acting governor when the chair of the governor is vacant, 23
to take oath of office before president of the senate in iiresence

of both houses, 30

not to hold certain other offices, . . , ... . .30

term of office, 36

Tilterature and the sciences to be encouraged, ..... 28

Magistrates and officers, accountable to the people, .... 5
Magistrates and courts, not to demand excessive bail, impose exces-
sive fines, or inflict cruel punisliments, ..... 9
Major-generals, elected by senate and house of representatives by

concurrent vote, 21

may appoint their aids, 21

Marriage, divorce and alimony, 26

Martial-law, only those employed in the army and navy, and the
militia in actual service, subject to, except by authority of

legislature, 9

Military power, subordinate to civil authority, 8

Militia, not to be obliged by commander-in-chief to march out of the

limits of the state, 20

captains and subalterns, elected by the train-bands, . . .21, 34

all members of companies may vote, including minors, . . 34

field officers, elected by captains and subalterns, ... 21

brigadiers, elected by field officers, 21

major-generals, elected by senate and house of representatives

by concurrent vote, 21

mode of election of officers to be fixed by standing laws, . . 21

58 INDEX TO THE CONSTITUTION.

Page
Militia, if electors refuse to elect, governor with advice of council may

appoint oliicers, 21

ofiicers commissioned to command may be removed as may be

prescribed by law, 21, 34

21
21
22

appointment of stall-ofiicers,

organization; divisions, brigades, regiments and companies,
Money, issued from treasury by warrant of governor, etc., .
Money mentioned in the constitution, to be computed in silver at six

shillings and eight pence per ounce, ....
Money bills, to originate i]i house of representatives, .
Moneys, raised or appropriated for public or common schools, not to

be applied for support of sectarian schools, .
Moral obli;j'ations of lawgivers and magistrates, ....
Moral qualifications for office,

Notaries public, to be appointed by governor with advice of council,
may be removed by governor with advice of council, upon ad-
dress of both houses,

Oaths and affirmations, may be administered by courts and judica-
tories, n

how and by whom taken and subsciibed, . . .28, 29, 30, 34

forms of, 29, 30, 34, o')

Quakers may affirm, 30, 35

to be taken by all civil and military officers, .... 34

Objects of government, 3, 5

Offences and crimes, prosecutions for, regulated, 0, 7

Office of trust, person convicted of bribery, etc., not to hold, . . 31

Office, rotation in, right secured, 0

all persons having the prescribed qualifications equally eligible

to, C

no person eligible to, iniless they can read and write, . . 43
Offices, plurality of, prohibited to governor, lieutenant-governor and

judges, 30, 35

incompatible, 30, 31, 3;)

Officers, civil, legislature may provide for the naming and settling of, 11

Officers, commission, teiuire of office to be expressed in commissions, 25

Officers, judicial, to hold office during good beh.avior, except, etc., . 25

may be removed by governor, with consent of council, upon the

address of both houses of Ibc legislature, .... 25

Officers of former government, continued, 32

Officers of the militia, election and appointment of, .... 21

removal of, 21, 34

Officers and magistrates, accountable to the people, .... 5

Organization of the militia, 21

INDEX TO THE CONSTITUTION. 59

Page

Pardon of offences, governor with advice of council may grant, but

not before conviction, 20

People, to have the sole right to govern themselves as a free, sovereign

and independent state, G

have a right to keep and to bear arms for the public defence, . 7
have a right to assemble to consult upon the common good, to

instruct their representatives, and to petition Icgislatvire, . 8

Person and property, remedy for injuries should be in the laws, . G

Petition, right of, 8

Plantations, unincorporated, tax-paying inhabitants may vote for

councillors and senators, 13

Plurality of offices, 30

Plurality of votes, election of civil officers by, 40

Political year, begins on the first Wednesday of January, . . . 3G

Polls, ratable, census of, 38

Preamble to constitution, 3

Press, liberty of, essential to the security of freedom, .... 7

Private property taken for public uses, compensation to be made for, G

Probate courts, provisions for holding, 2G

registers, elected by the people of the several counties, . . 20, 43

judges may not hold certain other offices, 35

Property qualification, may be increased by the legislature, . . 31

partially abolished, 40

Prosecutions for crimes and offences regulated, G

Provincial laws, not repugnant to the constitution, conticjicd in force, ol
Public boards and certain ofiiccrs to malce quarterly reports to the gov-
ernor, 22

Public officers, right of people to secure rotation, G

all persons having the prescribed qualifications equally eligible, 0
Public notary (see Notary public).

Public religious worship, right and duty of, 4

Punishments, cruel and unusual, not to be inflicted, .... 9

Quakers, may make affirmation, • . . . 30, 35

Qualification, property, of governor and lieutenant-governor, . . 18, 23
of persons to be elected to office may be increased by the legis-
lature, 31

Qualification, property, partially abolished, 40

Qualifications of a voter 13, 16, 33, 42, 45, 4G

of govei'uor, 18, 42

of lieutenant-governor, . . ■ 23, 42

of councillors, 40, 41

of senators, . . 15, 39, 4^)

of representatives, 10, 40, 4i

of secretary, treasurer, auditor, and attorney- general, . . 42

CO INDEX TO THE CONSTITUTION.

Page

^Qualifications, moral, of oflScers and magistrates, .... 8
Quartermasters, api)ointed by commanding officers of regiments, . 21
Quorum of council, to consist of five members, . . . .10, 24, 41
Quorum of senate, to consist of sixteen members, .... 15, 45
Quorum of Louse of representatives, to consist of one hundred mem-
bers, 17, 44

Ratable polls, census of, 37

Reading and writing, knowledge of, necessary qualifications for vot-
ing or holding office, 43

Records of the commonwealth to be kept in the office of the secretary, 25
Register of the council, resolutions and advice to be recorded in, and

signed by members present, 24

•Registers of probate, chosen by the people of the several counties, 20, 43
Religious denominations, equal protection secured to all, . . .5, 37
Religious sect or denomination, no subordination of one to another to

be established by law, 5, 37

Religious societies, may elect their own pastors or religious teachers, . 5, 37

membership of, defined, 37

Religious worship, public, right and duty of, and protection therein, . 4

support of the ministry, and erection and repair of houses of

worship, 4, 5, 37

Remedies by recourse to the law, to be free, complete and prompt, . 6

Representatives (see House of Representatives).
Resolves (see Bills and Resolves).

Returns of votes, 13, IS, 41, 42

Revision of constitution provided for in the year 1795, .... 32
Rights, declaration of, 4

Sailors and soldiers, who have served, etc., during time of war, not

disqnalified from voting on account of being paupers, . 4G
Salary, a stated and honorable salary to be established for liie gov-
ernor, 22

permanent and honorable salaries to be established for the
justices of the supreme judicial court, and to be enlarged

if not sufficient, 9, 22

School moneys, not to bo appropriated for sectarian schools, . . 42
Seal, great, of the commonwoalth to bo afiixed to all commissions, . 31

Search, seizure and arrest, right of, regulated, 7

Secretary of the coniinonweallh, to be chosen by the people annually

in November, 25, 42

to hold office for one year from third Wednesday in January

next thereafter, and until another is chosen and qualilitHl, . 42
manner of election, etc., same as governor, 42

INDEX TO THE CONSTITUTION. 61

Secretary of thf^ commonwealth, in failure of election by voters, or in

case of decease of person elected, vacancy to be filled by

joint ballot of legislature from the two persons having the

highest number of votes at November election, ... 42

vacancy occurring during session of the legislature, filled by

joint ballot of the legislature from the people at large, . 42
vacancy occurring when legislature is not in session, to be filled
by governor, by appointment, with advice and consent of

council, 34, 42

not eligible, unless an inhabitant of the state for five years next

preceding election or appointment, 42

office to be deemed vacant if person elected or appointed fails

to be qualified within ten days, 42

reco'^ds of commonwealth to be kept in ofiice of, . ... 25
may appoint deputies, for whose conduct he shall be accountable, 25
to attend governor and council, senate and house, in person or

by deputies, as they shall require, 25

to attest all commissions, 31

to certify to board authorized to divide county into districts, the

number of representatives to which the county is entitled, 44
Sectarian schools, not to be maintained at public expense, ... 42
Selectmen, to preside at town meetings, elections, etc., ... 13

Self-government, right of, asserted, 5

Senate, the first branch of the legislature, 10, 13

to consist of forty members, apportionment, etc., . . 12, 39, 45

to be chosen annually, 13

governor and at least five councillors, to examine and count

votes, and issue summonses to members, .... 14
to be final judges of elections, returns and qualifications of

their own members, 14

vacancy to be filled by election, by people of the district, upon

order of majority of senators elected, . . . . U, 45, 46

qualifications of a senator, 15, 40

not 10 adjourn more than two days at a time, .... 15

to choose its officers and establish rules, 15

shall try all impeachments, 15, 17

sixteen members constitute a quorum, 15

may punish for certain offences ; trial may be by committee, . 17
may require the attendance of the secretary of the common-
wealth in person or by deputy, 25

may require the opinions of the justices of the supreme judicial
court upon important questions of law, and upon solemn

occasions, 25

to enter objections, made by governor to passage of a bill or

resolve, at large on records, 10

districts, forty in number, to be of adjacent territory, and to

contain, as near as may be, an equal number of voters, . 45

apportionment based upon legal voters, 45

Sheriffs, elected by the people of the several counties, . . . . 20, 43

62 INDEX TO THE CONSTITUTION.

rage

Silver, value of money mentioned in the constitution to be computed

in silver at six sliillings and eight pence per ounce, . . 31

Soldier, not to be quartered in any house, in time of peace, without

consent of owner, 9

Soldiers and sailors, who have sen'ed in time of war, etc., not dis-

quali lied from voting on account of being i^aupers, . . 40

Solicitor-general, 20

Standing armies, dangerous to liberty and not to be maintained with-
out consent of the legislature, 7

State or body politic, entitled, — The Commonwealth of Massachu-
setts, 9

Supremo judicial court, judges to have honorable salaries fixed by

standing laws, and to hold office during good behavior, . 0, 22
to give opinions upon important questions of law, etc., when
required by either branch of the legislature or by the gov-
ernor and council, 25

not to hold certain other offices, 30, 35

Sureties or bail, excessive, not to be required, . . . • . 0

Taxation should be founded on consent, 6, 8

Taxes, not to be levied without the consent of the people or their

representatives, 8

may be imposed by the legislature, 11

valuation of estates, to be taken anew once at least every ten

years, 1?

Tenure that all commission officers shall by law have in their offices,

shall bo expressed intheir commissions, .... 25

Tests abolished, .35

Title of body politic: The Commonwealth of Massachusetts, . . 9

Title of governor to be, — Ilis Excellency, 18

Title of lieutenant-governor to be, — His Honor, 23

Town cleric, to make record and rctiu-n of elections, .... 13

Town meetings, selectmen to preside at, 13

Town representation in the legislature, 10, 38, 39

Travelling expenses of members, to general assembly and returning

home, once in every session, to be paid by the government, 10
Treason and felony, no subject to be declared guilty of, by the legis-
lature, 8

Treasurer and receiver-general, to be chosen by the people annually

in November, 25, 42

to hold office for one year from third "Wednesday in January

next thereafter and until another is chosen and qualilied, . 42

manner of election, etc., same as governor, .... 42
not eligible, indess an inhabitant of the state for five years next

j)reccding election or .appointment, 42

no man eligible more than five years succesiively, ... 25

INDEX TO THE CONSTITUTION. 63

Tftgo

Treasurer and receiver-general, in failure of election by voters, or in

case of decease of jierson elected, vacancy to be filled by

joint ballot of legislature from llie two persons having the

highest number of votes at November election, ... 42

vacancy occurring during session of the legislature, fil'cd by

joint ballot of the legislature from the people at large, . 42
vacancy occurring -when legislature is not in session, to be filled
by governor, by appointment, with advice and consent of

the council, 34, 42

ofDce to be deemed vacant if person elected or appointed fails

to be qualified wilhin ten days, 42

Treasury, no moneys to be issued from, but upon the warrant of gov-
ernor, except, etc., 22

Trial by jury, right to, secured, . C, 7

Trial by jury guaranteed in criminal cases, except in army and navy, 7

CTniversity ai, Cambridge, 26, 27, 28, 46

Vacancy in ofBce of governor, powers to be exercised by lieutenant-
governor, 23

Vacancy in oflices of governor and lieutenant-governor, powers to be

exercised by the council, .24

Vacancy in the council, to be filled by the election of a resident of the
district by concurrent vote of the senate and house; if
legislature is not in session, to be filled by governor with
advice of council, 40, 40

Vacancy in the senate to be filled by election by the people upon the

order of a majority of senators elected, . . . . 14, 45

V^acancy iji oflice of secretary, treasurer, auditor and attornej'-gen-

eral, caused by decease of person elected, or failure to elect,

filled by joint ballot of legislature from the two persons

having highest number of votes at November election, . 42

occurring during session of legislature, filled by joint ballot of

legislature from people at large, 42

occurring when legislature is not in session, to be filled by gov-
ernor, by appointment, with advice of council, . . .34, 42

Vacancy in militia office, filled by governor and council, if electors

neglect or refuse to make election, 21

Valuation of estates, to be taken anew once in eveiy ten 5'ears at least, 12

Veto power of the governor, 10

Voters, qualifications of, at elections for governor, lieutenant-gover-
nor, senators and representatives, . . . 13. 10. 33, 43, 45, 46

Voters, not disqualified on account of being paupers if they have

served in the army or navy in time of war, etc., ... 46

64 INDEX TO THE CONSTITUTION.

Pnge
Voters, male citizens, twenty-one years of age, who have resided in the
state one year, and within the town or district six months,
who have paid a state or county tax withhi two years next
preceding the election of state officers, and sucli as are ex-
empted by law from taxation, but in other respects quali-
fied, and who can write tlieir names and read the constitu-
tion in the English language, 16, 33, 43

the basis upon wliich the apportionment of representatives to

the several counties is made, 43

basis of apportionment of senators, 45

census of voters to bo taken in 1865, and every tenth year

after, 43, 41, 45

Yotes, returns of, 13, 18, 41, 42

Votes, plurality of, to elect civil officers, 40

Worship, public, the right and duty of all men, 4

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap
and expeditious manner, and not to be suspended bj legisla-
ture, except for a limited time, 32

Writs, to be issued in the name of the commonwealth under the seal
of the court, bear test of the first justice, and be signed by
the clerk, 31

Writing and reading, necessary qualifications for voting, or holding

office, 43

Tear, political, begins on the first Wednesday of January, ... 86

ACTS AND RESOLVES

MASSACHUSETTS.

188 2.

^=' The General Court of 1882 assembled on Wednesday, the
fourth day of January. The oaths of office required by the Constitu-
tion to be administered to the Governor and Lieutenant-Governor elect
were taken and subscribed by his Excellency John D. Long and his
Honor Byron Weston, on Thursday, the fifth day of January, in
the presence of the two Houses assembled in convention.

ACTS AND RESOLVES.

An Act making appropriations for the maintenance of the Chap. 1

GOVERNMENT FOR THE PRESENT YEAR.

Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same,
as follows :

Section 1. The sums hereinafter mentioned are ap- Appropriations.
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the purposes
specified, to meet expenses for the year ending on the
thirty-first day of December, in the year one thousand
eight hundred and eighty-two, to wit : —

LEGISLATIVE DEPARTMENT.

For the salaries of the clerks of the senate and house of
representatives, two thousand five hundred dollars each.

For the salaries of the assistant clerks of the senate and
house of re'presentatives, nine hundred dollars each.

For the salary of the sergeant-at-arms, two thousand five
hundred dollars.

For the salary of the engineer at the state house, one
thousand four hundred dollars.

For the salary of the watchman at the state house, eight
hundred dollars.

For the salaries of the four messengers to the sergeant-
at-arms, known as "sergeant-at-arms' messengers," eleven
hundred dollars each.

For the salaries of the fireman at the state house, and
fireman and janitor at number thirty-three Pemberton
square, nine hundred dollars each.

For the salary of the assistant fireman at the state
house, two dollars and one-half per diem for each day
employed.

Clerks of senate
and house.

Assistant
clerks.

Sergeant-at-
arms.

Engineer.

Watchman.

Messengers.

Firemen and
janitor.

Assistant fire-
man.

1882. — Chapter 1.

Lieutenant-
governor and
council.

Private sec-
retary.

Executive clerlj.

Messenger.

EXECUTIVE DEPARTMENT.

For the compensation of the lieutenant-governor, t\^o
thousand dollars, and for the executive council, six thou-
sand four hundred dollars. For the travelling expenses
of said council, a sum not exceeding five hundred dollars.

For the salary of the private secretary of the governor,
one thousand five hundred dollars.

For the salary of the executive clerk of the governor
and council, one thousand two hundred dollars.

For the salary of the messenger of the governor and
council, eight hundred dollars.

Secretary.
First clerk.
Secand cleric.
Third clerk.

Messenger and
clerks.

SECRETARY S DEPARTMENT.

For the salary of the secretary of the Commonwealth,
two thousand five hundred dollars.

For the salary of the first clerk in the secretary's depart-
ment, one thousand eight hundred dollars.

, For the salary of the second clerk in the secretary's
department, one thousand five hundred dollars.

For the salary of the third clerk in the secretary's de-
partment, one thousand two hundred dollars.

For a messenger, and such additional clerical assistance
as the secretary may find necessary, ten thousand dollars.

TREASURER S DEPARTMENT.

Treasurer. For the Salary of the treasurer and receiver-general, four

thousand dollars.

First clerk. For the Salary of the first clerk in the treasurer's de-

partment, two thousand three hundred dollars.

Second clerk. , For the Salary of the second clerk in the treasurer's
department, one thousand eight hundred dollars.

Cashier. FoT the Salary of the cashier in the treasurer's depart-

ment, one thousand eight hundred dollars.

Extra clerks. For the Salaries of the two extra clerks in the treas-

urer's department, one thousand two hundred dollars each ;
and for such additional clerical assistance as the treasurer
may need, a sum not exceeding three hundred dollars.

Deputy tax
coinralssloner.

First clerk.

TAX COMMISSIONER S BUREAU.

For the salary of the deputy tax commissioner, two
thousand seven hundred and fifty dollars.

For the salary of the first clerk of tlie tax t'omniissioner,
one thousand ei<jht hundred dollars.

1882. — Chapter 1. 5

For the salary of the second clerk of the tax comrais- second cierk.
sioner, one thousand three hundred dollars.

• For such additional clerical assistance as the tax com- Additional
missionerand commissioner of corporations may find neces- ''^"■''*-
sary, a sum not exceeding twelve thousand dollars.

auditor's department.

For the salary of the auditor of accounts, two thousand Auditor of
five hundred dollars. "'=^°""*'-

For the salary of the first clerk in the auditor's depart- First cierk.
ment, one thousand eight hundred dollars.

For the salary of the second clerk in the auditor's de- second cierk.
partment, one thousand five hundred dollars.

For the salaries of the two extra clerks in the auditor's Extra clerks.
department, one thousand two hundred dollars each ; and
for such additional clerical assistance as the auditor may
find necessary, a sum not exceeding five hundred dollars.

ATTORNEY- general's DEPARTMENT.

For the salary of the attorney-general, four thousand Attorney-
dollars. ^™'^''^'-
For the salary of the assistant attorney-general, two Assistant attor-

thoUSand dollars' ney-general.

COMMISSIONERS ET AL.

For the salaries of the commissioners on savings banks, commissioners
five thousand six hundred dollars. blnkl!"^^

For the salaries of the clerks of the commissioners on cierks.
savings banks, one thousand six hundred dollars.

For the salary of the insurance commissioner, three insurance com-
thousand dollars. missioncr.

For the salary of the deputy insurance commissioner. Deputy.
two thousand five hundred dollars.

For the salary of the first clerk of the insurance com- First cierk.
missioner, one thousand eight hundred dollars.

For the salary of the second clerk of the insurance com- second cierk.
missioner, one thousand five hundred dollars.

For the salary of one extra clerk of the insurance Extra cierk.
commissioner, one thousand dollars.

For such additional clerical assistance as the insurance Additional
commissioner may find necessary, a sum not exceeding
seven thousand dollars.

For the salaries of the inspector and assistant inspector inspectors of
of gas-meters, three thousand two hundred dollars. gas-me era.

1882. — Chapter 1.

Secretary of
coinmissioners
of prisons.

Clerk.

Railroad com-
missioners.

Clerk.

Accountant.

Assayer and
inspector of
liquors.

Bureau of sta-
tistics of labor.

First clerk.

Additional
clerks.

Commissioners
on state aid.

Inland fisheries.

Harbor and land
commissioners.

Engineer, etc.

Expenses.

Rent and inci-
dental expenses.

For the salary of the secretary of the commissioners of
prisons, two thousand dollars.

For the salary of the clerk of the commissioners of pris-
ons, seven hundred dollars.

For the salaries of the railroad commissioners, eleven
thousand dollars.

For the salary of the clerk of the railroad commissioners,
two thousand dollars.

For the salary of the accountant of the railroad com-
missioners, two thousand dollars.

For the salary of the assayer and inspector of liquors,
five hundred dollars.

For the salar}' of the chief of the bureau of statistics of
labor, two thousand five hundred dollars.

For the salary of the first clerk in the bureau of statis-
tics of labor, one thousand five hundred dollars.

For the compensation of other clerical services, and for
expenses of the bureau of statistics of labor, a sum not
exceeding five thousand dollars.

For the salary and expenses of the commissioners on
state aid, a sum not exceeding three thousand five hun-
dred dollars.

For compensation and expenses of the commissioners on
inland fisheries, a sum not exceeding five thousand five
hundred dollars.

For salaries of the harbor and land commissioners, five
thousand five hundred dollars.

For compensation of the engineer and services of ex-
perts authorized by the harbor and land commissioners, a
sum not exceeding three thousand three hundred dollars.

For travelling and other necessary expenses of the har-
bor and land commissioners, a sum not exceeding one
thousand dollars.

For rent, incidental and contingent expenses of the
harbor and land commissioners, a sum not exceeding one
thousand seven hundred dollars.

Secretary.
Clerk.

Additional
clerks and
lectures.

AGRICULTURAL DEPARTMENT.

For the salary of the secretary of the board of agricul-
ture, two thousand dollars.

For the salary of the clerk of the secretary of the board
of agriculture, one thousand one hundred dollars.

For compensation of other clerical services in the office
of the secretary of the board of agriculture and for lec-
tures before the board, a sum not exceeding four hundred
dollars.

1882. — Chapter 1.

EDUCATIONAL DEPARTMENT.

For the salary and expenses of the secretary of the Board of educa-
board of education, two thousand nine hundred dollars, secretary.
to be paid out of the moiety of the income of the school
fund applicable to educational purposes.

For the salary of the assistant librarian and clerk of the Asaistant
board of education, two thousand dollars.

For such additional clerical assistance in the state library Additional cieri-

, „ , . T ,1 cal assistance.

as may be found necessary, a sum not exceeding one thou-
sand eight hundred dollars.

MILITARY DEPARTMENT.

For the salary of the adjutant-general, two thousand
five hundred dollars.

For the salary of the first clerk in the adjutant-general's
department, one thousand eight hundred dollars.

For the salary of the second clerk in the adjutant-gen-
eral's department, one thousand six hundred dollars.

For the salary of the additional clerk appointed under
chapter one hundred and seventeen, acts of eighteen hun-
dred and seventy-nine, one thousand six hundred dollars.

For the salaries of two extra clerks in the adjutant-gen-
eral's department, one thousand two hundred dollars each.

For the salary of the messenger in the adjutant-general's
department, eight hundred dollars.

For such additional clerical assistance as the adjutant-
general may find necessary, a sum not exceeding three
thousand dollars.

For compensation of employes at the state arsenal, a
sum not exceeding two thousand five hundred dollars.

SURGEON-GEN ERAL's DEPARTMENT.

For the salary of the surgeon-general, one thousand two surgeon-gen-
hundred dollars.

MISCELLANEOUS.

For the purchase of books for the state library, two Books for
thousand three hundred dollars, to be expended under the ' '^*''^'
direction of the trustees and librarian.

Section 2. This act shall take effect upon its passage.

Approved January 19^ 1882.

Adjutant-gen-
eral.

First clerk.
Second clerk.

Additional
clerk.

Extra clerks.

Messenger.

Additional
clerks.

Employes at
arsenal.

1882. —Chapters 2, 3.

Chap. "2

Appropriations.

Senators, coiii-
pensation.

Representa-
tives, compen-
sation.

Senators,
mileage.

Representa-
tives, mileage.

Preacher of
election sermon.
I

Chaplains.

Doorkeepers,
messengers
and pages.

Witnesses be-
fore committees.

Contingent
expenses.

Expenses of
committees.

An Act making appropriations for the mileage and com-
pensation OF the membkrs of the legislature, for the
compensation of officers thereof, and for other pur-
poses.
Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioued are appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purposes
specified, to wit : —

For compensation of senators, twenty thousand five
hundred dollars.

For compensation of representatives, one hundred and
twenty thousand five hundred dollars.

For mileage of senators, a sum not exceeding four hun-
dred and fifty dollars. ''

For mileage of representatives, a sum not exceeding two
thousand five hundred dollars.

For the compensation of the preacher of the election
sermon, fifty dollars.

For the compensation of the chaplains of the senate and
house of representatives, six hundred dollars.

For the compensation of the doorkeepers, messengers
and pages of the senate and house of representatives, a
sum not exceeding ten thousand dollars.

For expenses of summoning witnesses before commit-
tees, and for fees for such witnesses, a sum not exceeding
two hundred dollars.

For contingent expenses of the senate and house of
representatives, and necessary expenses in and about the
state house, a sum not exceeding five thousand dollars.

For the authorized expenses of committees of the present
legislature, to include clerical assistance to committees
authorized to employ the same, a sum not exceeding five
thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved January 19, 1SS2.

Chap. 3 An Act to change the name of the gold medal sewing

MACHINE COMPANY.

Be it enacted, etc., as follmvs:
Name changed. SECTION 1. The Gold Medal Sewing Machine Com-
pany, a corporation established in Orange, under the
general laws, shall be known as the New Home Sewing
Machine Company.

Section 2. This act shall take effect upon its passage.

Approved January 23, 1SS2.

1882. — Chapter 4. 9

An Act in addition to "an act making appropriations Chtip. 4

FOR THE maintenance OF THE GOVERNMENT DURING THE
PRESENT TEAR."

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are appro- Appropriation*,
priated, to be paid out of the treasury of the Common-
wealth, from the ordinar}^ revenue, for the purposes speci-
fied, to meet expenses for the year ending December
thirty-first, in the year one thousand eight hundred and
eighty- two, to wit : —

SUPREME JUDICIAL COURT.

For the salary of the clerk of the supreme judicial court, cierk.
three thousand dollars.

For the salary of the reporter of decisions of the supreme Reporter,
judicial court, three hundred dollars.

For the expenses of the supreme judicial court, a sum Expenses.
not exceeding two thousand dollars.

SUPERIOR COURT.

For the salary of the chief justice of the superior court, chief justice.
four thousand eight hundred dollars.

For the salaries of the ten associate justices of the Associate

superior court, forty-five thousand dollars. justices.

COURTS OF PROBATE AND INSOLVENCY.

For the salary of the judge of probate and insolvency Judge—
for the county of Suffolk, four thousand dollars.

For the salary of the judge of probate and insolvency Middlesex.
for the county of Middlesex, two thousand five hundred
dollars.

For the salary of the judge of probate and insolvency Worcester.
for the county of Worcester, two thousand five hundred
dollars.

For the salary of the judge of probate and insolvency Essex.
for the county of Essex, two thousand five hundred dollars.

For the salary of the judge of probate and insolvency Norfolk.
for the county of Norfolk, two thousand dollars.

For the salary of the judge of probate and insolvency Bristol.
for the county of Bristol, one thousand eight hundred
dollars.

For the salary of the judge of probate and insolvency Plymouth,
for the county of Plymouth, one thousand five hundred
dollars.

1882. — Chapter 4.

Berkshire.

Hampden.
Hampshire.

Franlilin.

Barnstable.

Nantucket.

Dukes County.

Middlesex.
Worcester.
Essex.
Norfolk.

Bristol.

Plymouth.

Ilanipdon.

Berkshire.

Hampi-hire.

For the salary of the judge of probate and insolvency
for the county of Berkshire, one thousand two hundred
dollars.

For the salary of the judge of probate and insolvency
for the county of Hampden, two thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Hampshire, one thousand four hundred
dollars.

For the salary of the judge of probate and insolvency
for the count}^ of Franklin, one thousand four hundred
dollars.

For the salary of the judge of probate and insolvency
for the county of Barnstable, one thousand dollars.

For the salary of the judge of probate and insolvency
for the county of Nantucket, five hundred dollars.

For the salary of the judge of probate and insolvency
for the county of Dukes County, five hundred dollars.

For the salary of the register of probate and insolvency
for the county of Suffolk, three thousand dollars.

For the salary of the register of probate and insolvency
for the county of Middlesex, two thousand dollars.

For the salary of the register of probate and insolvency
for the county of Worcester, two thousand dollars.

For the salary of the register of probate and insolvency
for the county of Essex, two thousand dollars.

For the salary of the register of probate and insolvency
for the county of Norfolk, one thousand five hundred
dollars.

For the salary of the register of probate and insolvency
for the county of Bristol, one thousand eight hundred
dollars.

For the salary of the register of probate and insolvency
for the county of Plymouth, one thousand five hundred
dollars.

For the salary of the register of probate and insolvency
for the county of Hampden, one thousand six hundred
dollars.

For the salary of the register of probate and insolvency
for the county of Berkshire, one thousand two hundred
dollars.

For the salary of the register of probate and insolvency
for the county of Hampshire, one thousand four hundred
dollars.

For the salary of the register of ])rol)ato and insolvency
for the county of Franklin, one thousand four hundred
dollars.

1882. — Chapter 4.

Barnstable.

Assistant
register —
Suffolk.

Middlesex.

Worcester.

For the salary of the register of probate and insolvency
for the county of Barnstable, one thousand dollars.

For the salary of the register of probate and insolvency Nantucket.
for the county of Nantucket, six hundred dollars.

For the salary of the register of probate and insolvency Dukes county.
for the county of Dukes County, six hundred dollars.

For the salary of the assistant register of probate and
insolvency for the county of Suffolk, one thousand five
hundred dollars.

For the salary of the assistant register of probate and
insolvency for the county of Middlesex, one thousand five
hundred dollars.

For the salary of the assistant register of probate and
insolvency for the county of Worcester, one thousand five
hundred dollars.

For the salary of the assistant register of probate and
insolvency for the county of Essex, one thousand five hun-
dred dollars.

For the salary of the assistant register of probate and
insolvency for the county of Norfolk, one thousand one
hundred dollars.

For the salary of the clerk to the register of probate
and insolvency for the county of Suffolk, one thousand
two hundred dollars.

For extra clerical assistance to the courts of probate and
insolvency in the several counties of the Commonwealth,
a sum not exceeding seven thousand two hundred dollars.

For expenses of the courts of insolvency, a sum not ex-
ceeding two thousand dollars.

Norfolk.

Clerk in Suffolk.

Extra clerks.

Expenses.

DISTRICT-ATTORNEYS.

For the salary of the district-attorney for Suffolk dis-
trict, four thousand five hundred dollars.

For the salary of the first assistant district-attorney for
Suffolk district, two thousand four hundred dollars.

For the salary of the second assistant district-attorney
for Suffolk district, two thousand dollars.

For the salary of the clerk for the district-attorney for
the Suffolk district, one thousand dollars.

For the salary of the district-attorney for the northern
district, two thousand four hundred dollars.

For the salary of the district-attorney for the eastern
district, one thousand eight hundred dollars.

For the salary of the district-attorney for the south-east-
ern district, one thousand eight hundred dollars.

District-
attorney —

Suffolk.

First assistant.

Second
assistant.

Clerk.

District-
attorney —
Northern
district.
Eastern district.

South-eastern
district.

1882. — Chapter o.

Southern
district.

Middle dislrift.

Westeri)
district.

North-western
district.

For the salary of the district-attorney for the southern
district, one thousand eight hundred dolhirs.

For the salary of the district-attorney for the middle
district, one thousand eight hundred dollars-

strict, one thousand eight hundred dollars.

For the salary of the district-attorney for the western

strict, one thousand eight hundred dollars.

For the salary of the district-attorney for the north-
western district, one thousand three hundred and fifty
dollars.

Section 2. This act shall take effect upon its passage.

Approved January 27

1882.

Chap. 5 An Act making

Appropriations.

Normal schools.

Normal art
school.

Salaries of
agents.

Incidental
expenses.

Teachers'
institutes.

County teacli
era' associii-
tions.

Pupils in
normal schools.

APPKOPUIATIONS POR CERTAIN EDUCATIONAL
EXPENSES.

Be it enacted., etc., as follows:

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, unless otherwise
ordered, for the purposes specified, to wit : —

For the support of normal schools, a sum not exceeding
sixty thousand three hundred and twenty-five dollars, to
be paid out of the moiety of the income of the school fund
applicable to educational purposes.

For the support of the state normal art school, the same
to include rent, taxes, etc., a sum not exceeding seventeen
thousand five hundred dollars, to be paid from the unap-
propriated balance of the moiety of the income of the
school fund applicable to educational purposes, and the
excess, if any, from the treasury.

For the salaries and expenses of the agents of the board
of education, a sum not exceeding five thousand four hun-
dred dollars.

For incidental expenses of the board of education and
for the secretary thereof, a sum not exceeding one thou-
sand two hundred dollars.

For teachers' institutes, a sum not exceeding two thou-
sand dollars, to be paid out of the moiety of the income
of the school fund applicable to educational purposes.

For county teachers' associations, a sum not exceeding
three hundred dollars, to be paid t)ut of the moiety of the
income of the school fund applicable to educational pur-
poses.

For aid to pupils in state normal sciiools, a sum not ex-
ceeding four thousand dollars, payable in semi-annual pay-
ments, to be expended under the direction of the board of
education.

1882. — Chapter 6.

For travelling and other necessary expenses of the board Travelling
of education, a sura not exceeding four hundred dollars. expenses.

For the Massachusetts teachers' association, the sum of
three hundred dollars, to be paid out of the moiety of the
income of the school fund applicable to educational pur-
poses, subject to the approval of the state board of educa-
tion.

For the Perkins institution and the Massachusetts school
for the blind, the sum of thirty thousand dollars.

For the contingent expenses of the state library, to be state library
expended under the direction of the trustees and librarian,
a sum not exceedinsf eig^ht hundred dollars.

For the support of Massachusetts beneficiaries in asy-
lums for the deaf and dumb, and in other institutions of
the same character, a sum not exceeding forty thousand
dollars.

The income of the Rogers book fund, of the Todd nor-
mal scliool fund, and of the agricultural fund, shall be
expended in accordance with the provisions of the various
acts relating thereto.

Section 2. This act shall take effect upon its passage.

Approved February 1, 1882.

Teachers'
associations.

Scliool for the
blind.

Deaf and dumb.

Income of cer-
tain funds.

An Act to correct certain errors in and to amend the Chap. 6

PUBLIC statutes.

Wliereas it appears that certain errors vi^ere made in the
preparation of the Public Statutes for their final passage :
Therefore
Be it enacted^ etc. , as follows :

Section 1. Section seven of chapter four of the Pub- Errors in Pub-
lic Statutes is hereby amended, in the fifty-ninth line, by corrected?^
inserting after the words " bureau of statistics " the words
" of labor."

Section 2. Section sixty-three of chapter one hundred
and seventy-eight of the Public Statutes is hereby amend-
ed to read as follows : —

" Section 63. The partition, when finally confirmed and
established, shall be conclusive on all the heirs and devi-
sees of the deceased, and all persons claiming under them ;
and on all other persons interested in the premises who
appeared and answered in the case, or assented in writing
to the proposed partition, or upon whom notice of the
petition was served personally or by publication as before
provided, or who waived notice, or for whom an agent was
appointed pursuant to the preceding section, and all per-

1882. — Chapters 7, 8, 9.

Chap. 1

City may estab-
lish a hospital.

Subject to
acceptance.

Chap. 8

Narnc changed.

Chap. 9

Name changed.

sons claiming under them ; but all other persons may
pursue their legal remedies for recovering the premises, or
any part thereof, and for obtaining partition of the same,
in like manner as if the proceedings in the probate court
had not been had."

Section 3. Section eighteen of chapter one hundred
and eighty-five of the Public Statutes is hereby amended
by striking out, in the fourth line, the words "except as
provided in the following section."

Section 4. Section forty-nine of chapter two hundred
and twenty of tiie Public Statutes is hereby amended, in
the third line, by striking out the word " respectfully,"
and inserting in place thereof the word " respective!}'."

Section 5. This act shall take effect upon its passage.

Approved February i, 1882.

An Act to amend " an act to authorize the city of
haverhill to establish a hospital."
Be it enacted., etc., as follows:

Section 1. Section two of chapter seventy-seven of the
acts of the year one thousand eight hundred and eighty is
hereby amended by striking out the word " nine," and in-
serting in place thereof the word " seven ; " and section
three of said act is hereby amended by striking out the
word " eight," and inserting in place thereof the word
"six."

Section 2. This act shall take effect upon its accept-
ance by the city council of said city of Haverhill.

Approved February 5, 1882.

An Act to change the name of the mercantile marine

INSURANCE company.

Be it enacted, etc., asfolloivs:

Section 1. The name of the Mercantile Marine Insur-
ance Company, a corporation established in Boston by an
act approved the eleventh day of February in the year
eighteen hundred and twenty-three, shall hereafter be the
Mercantile Fire and Marine Insurance Company.

Section 2. This act shall take effect upon its passage.

Approved February 5, 1882.

An Act to change the name of the eastern junction,

BROAD sound PIER, AND POINT SHIRLEY RAILROAD COMPANY.

Be it enacted, etc., as folloios :

Section 1. The Eastern Junction, Broad Sound Pier,
and Point Shirley Railroad Company is hereby authorized,

1882. — Chapter 10.

May elect park
commissioners.

at any time, by a majority vote of the stock represented at
a meeting of the stockholders called for that purpose in
accordance with the provisions of the by-laws relating
thereto, to change its name to the Ocean Pier and Point
of Pines Railroad Company.

Section 2. The authority granted under this act shall Rights and
not in any other way affect or impair any of the rights, llJJpai^rrd.'^
powers, privileges, franchises, duties, liabilities, obligations
and restrictions already conferred and imposed upon said
railroad corporation.

Section 3. This act shall take effect upon its passage.

Approved February 5, 1882.

An Act to provide for laying out a public park ix the Chap. 10

TOWN OF ABINGTON.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Abington
may, at any legal meeting called for the purpose, elect
three commissioners and prescribe their terms of office.
Said commissioners shall constitute a board of park com-
missioners, and any vacancy occurring in said board shall
be filled in such manner as the town may direct. Said
commissioners shall receive such compensation as the town
shall determine.

Section 2. Said board shall have power to locate
within the limits of the town of Abington a public park ;
and for that purpose to take in fee by purchase or other-
wise any such lands as said board may deem desirable
therefor : provided, however, that no land shall be taken,
or other thing involving an expenditure of money done,
until an appropriation sufficient to cover the estimated ex-
pense thereof shall have been made by a two-thirds vote
of the voters present and voting at a meeting legally held ;
and provided, further, that no taking of land otherwise
than by purchase shall be valid unless it is reported to the
town, filed, accepted and allowed, as provided by section
seventy-one of chapter forty-nine of the Public Statutes in
the case of laying out town ways.

Section 3. Said board shall, within sixty days after Tomein
the acceptance by the town of their report of the taking
of land under this act, file in the registry of deeds for the
county of Plymouth, a description thereof sufficiently ac-
curate for identification.

Section 4. Said board shall estimate and determine
all damages sustained by any persons by the taking of land
or other acts of said board in the execution of the powers

Commissioners
may locate park.

registry of
deeds descrip-
tion of the land
taken.

1882. — Chapter 10.

Fee of land to
vest In town of
Abington.

Street, etdj., not
to be laid out
over park.

Colnmi88ioner^
to report
annually.

Subject to
acceptance by
the voters.

When to take
effect.

vested in them under this act; but any party aggrieved
by any such determination of said board may have his
damages assessed as in case of land taken for highways.

Section 6. The fee of all lands taken or purchased by
said board under this act shall vest in the town of Abing-
ton, and said town shall be liable to pay all damages as-
sessed or determined, as provided in the preceding section,
and all other costs and expenses incurred by said board in
the execution of the powers vested in them by this act.
Said town shall also be authorized to take and hold in
trust or otherwise any devise, grant, gift or bequest that
may be made for the purpose of laying out, improving or
ornamenting any parks in said town.

Section 6. No street or way, and no steam or horse
railroad, shall be laid out over any portion of any park
located under this act, except at such places and in such
manner as said board shall approve.

Section 7. Said board shall at the annual town meet-
ings and at such other times as the town may direct, make
report of its doings, including a detailed statement of all
receipts, expenditures and liabilities.

Section 8. This act shall not take full effect unless
accepted by a majority of the legal voters of said town of
Abington, present and voting thereon, by ballot, and using
the check list, at a meeting which shall be held during
the present year. Said ballot shall be "yes," or "no," in
answer to the question, " Shall an act passed by the legisla-
ture of the Commonwealth in the year eighteen hundred
and eighty-two entitled ' An Act for laying out a public
park in the town of Abington,' be accepted?" Such
meeting shall be called, notified and warned in the same
manner in which meetings for the election of town officers
are called, notified and warned ; and it shall be the duty
of the selectmen and town clerk to certify, as soon as may
be, to the secretary of the Commonwealth, the whole
number of ballots cast in said town in favor of the accept-
ance of this act, and the whole number east against said
acceptance ; and if it shall appear that a majority of the
ballots have been cast in favor of acceptance, the said
secretary shall forthwith issue and publish his certificate
declaring this act to have been dul}' accepted.

Section 9. So much of this act as authorizes and di-
rects the submission of the question of its acceptance to
the legal voters of the town of Abington, shall take efifect
upon its passage. Approved February 4, 1SIS2.

[Ai'cepted March G, 1882.]

1882. — Chapters 11, 12, 13.

An Act allowing the town of Plymouth to make an appro- Chap, 1 1

PRIATION for celebrating FOREFATHERS' DAY.

Be it enacted^ etc., as foUoivs :

Section 1. The town of Plymouth may annually, at Town may raise
its meetinsr in the month of March, appropriate for the biatiw/of fore-
expenses of celebrating forefathers' day a sum not exceed- f^itiiers' day.
ing five hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved February 4, 1SS2.

An Act to amend "an act to incorporate the dedham Chap. 12

WATER COMPANY. ' '

Be it enacted., etc., as folloivs :

Section 1. Section ten of chapter one hundred and
thirty-eight of the acts of the 3-ear eighteen hundred and
seventy-six is hereby amended so as to read as follows : —

The town of Dedham shall have the right at any time Town may pur-
during the continuance of the charter granted to the Ded-
ham Water Company to purchase the corporate property
and all the rights and privileges of said company, at a company.
price which may be mutually agreed upon between said
corporation and the said town of Dedham ; and the said
corporation is authorized to make sale of the same to said
town. In case said corporation and said town are unable
to agree, then the compensation to be paid shall be deter-
mined by three commissioners to be appointed by the
supreme judicial court, upon application of either party
and notice to the other, whose award when accepted by
the said court shall be binding upon both parties ; and
this authority to purchase said franchise and property is
granted on condition that the same is assented to by said
town by a two-thirds vote of the voters present and vot-
ing thereon at a legal meeting called for that purpose ; the
number of meetings called for that purpose in any one
year not to exceed two.

Section 2. This act shall take effect upon its passage.

Approved February 7, 1S82.

chase corporate
property and
rigbts of Ded-
ham Water

Subject to
acceptance
by town.

An Act to change the name of the sanford steamship Chap. 13

COMPANY.

Be it enacted, etc., as follows:

Section 1. The name of the "Sanford Steamship Name changed.
Company," a corporation organized in the year eighteen
hundred and seventy-five, under the provisions of chapter
two hundred and twenty-four of the acts of the year eigh-
3

1882. — Chapter 14.

teen hundred and seventy, is changed to the " Boston and
Bangor Steamship Company."

Section 2. This act shall take effect upon its passage.

Approved February 9, 1882.

May take water
of Wekepeke
brook in
Sterling.

Exercise of

rights.

Chop. 14 An Act in addition to the acts to supply the town of

CLINTON WITH PURE WATER.

Be it enacted, etc., as folloivs :

Section 1. The town of Clinton for the purposes pro-
vided in chapter ninety-eight of the acts of the year eigh-
teen hundred and seventy-six is hereby authorized to take
and convey into and through said town the waters of
"JiVekepeke " brook, in the town of Sterling, or of any
reservoir thereon, and the waters flowing into the same,
and to take and hold any land, and build and maintain
any structures necessary for that purpose.

Section 2. The rights, powers and authority given bj''
this act shall be exercised by the town of Clinton through
the same officers as are authorized to exercise the rights,
powers and authority given by the said ninety-eighth
chapter, and the said town shall be entitled to all the
rights and subject to all the duties and liabilities set forth
in said chapter, to be enforced in the manner therein pro-
vided.

Section 3. For the purpose of defraying all costs and
expenses incident to the acts herein authorized, including
the payment for land and water rights taken, the said
town of Clinton shall have authority to borrow from time
to time such sums of money, and to issue therefor notes,
bonds, or scrip, signed by the treasurer and countersigned
by the chairman of the selectmen, to be denominated the
"Clinton Water Loan,"' as said town shall deem necessary,
to an amount not exceeding one hundred thousand dol-
lars, upon the same tei'ms and conditions and with the
same authority in regard to interest and the sale of said
scrip and the payment of the principal thereof, and the
appropriation and assessment of money for the payment of
the principal and the interest on the moneys so borrowed,
as are contained in the fourth section of said chapter
ninety-eight of the acts of the year eighteen hundred and
seventy-six.

Section 4. This act shall take effect upon its passage;
but nt)thing shall be done, nor any expenditure made, nor
liability incurred under the same, except for preliminary
surveys and estimates, unless this act shall first be accept-

Clinton Water
Loan not to ex-
ceed $10U,000.

No expenses to
be Incurred
until act iu
ucci'pled.

1882. — Chapter 15.

Reorganization
ratified and
contirmed.

ed by vote of two-thirds of the legal voters of said town
present and voting thereon at a legal meeting called for
that purpose within three years from the passage of this
act ; the number of meetings called for that purpose in
any one year shall not exceed two.

Approved February 9, 1882.

An Act to confirm the reorganization of the second par- Chap. 15

ISH OF DEDHAM as THE FIRST CONGREGATIONAL PARISH IN
NORWOOD, AND TO DISSOLVE THE PROPRIETORS OF THE CON-
GREGATIONAL MEETING-HOUSE IN THE SECOND OR SOUTH PAR-
ISH IN DEDHAM.

Be it enacted, etc., as follows:

Section 1. The reorganization of the Second or South
Precinct or Parish of Dedham under the name of the First
Congregational Parish in Norwood is hereby ratified and
confirmed, and the rights, privileges and property of said
Second or South Precinct or Parish of Dedham shall be
and are hereby vested in said First Congregational Parish
in Norwood.

Section 2. The corporation styled the Proprietors of Corporation
the Congregational Meeting-House in the Second or South
Parish in Dedham, established by chapter twenty-four of
the acts of the year eighteen hundred and twenty-nine, is
hereby dissolved, and the rights, privileges and property
of the Proprietors of the Congregational Meeting-House
in the Second or South Parish in Dedham aforesaid shall
be and are hereby vested in said First Congregational
Parish in Norwood : provided, nevertheless, that any per-
sons not named in this act who now own pews in said
meeting-house shall continue to own their respective pews
therein, subject to the general provisions of law applicable
thereto.

Section 3. Any person claiming to be aggrieved by
the provisions of this act may, at any time within six
months after this act takes effect, apply by petition to the
superior court for the county of Norfolk, and his damages,
if any, shall be assessed and determined by and under the
direction of said court, and shall be paid by said First
Congregational Parish of Norwood.

Section 4. This act shall take effect upon its accept-
ance by said First Congregational Parish of Norwood.

Approved February 9, 1882.

dissolved.

Assessment of
damages.

Subject to
acceptance.

1882. — Chapters 16, 17.

Chan. 16 Ax Act to authouizk the inhabitants of quixcy to appro-
priate A PART OF THEIR ANCIENT BURIAL GROUND FOR THE
PURPOSE OF ENLARGING THEIR TOWN HALL.

Be it enacted., etc., as follows :
May take part SECTION 1. In case the inhabitants of Quincy shall at

toen[ir^fu)w"n ^^ annual meeting determine that it has become necessary
hall. for them to enlarge their town hall, it shall be lawful for

them to appropriate for that purpose so much of the an-
cient burial ground lying westward of their present town
house as may be necessary to enable the same to be ex-
tended westerly for a distance not exceeding thirty feet in
length : provided, that no tomb or burial lot in which are
buried the remains of the dead shall be entered upon
under the provisions of this act until the remains shall
have been removed to some other cemetery without ex-
pense to the owner of such tomb or burial lot.
Damagf'8. SECTION 2. If damage is sustained by any person by

reason of proceedings of the inhabitants of Quincy under
this act, he shall be entitled to the remedies provided by
law in the case of lands taken by towns for burial places.

Approved February 9, 1882.

Chap. 1 T

Appropriatioiir*.

Kxpcnsfs of
board.

IK-llltll DtVlOlT.

Clerieul
UBHiiitaiiL'e.

KxpctifcH of
ilL-parliiient.

An Act making appropriations for sunt>ry charitable

expenses.
Be it enacted., etc., as follows:

Section 1. The suras hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the purposes
specified herein, to wit : —

STATE BOARD OF HEALTH, LUNACY AND CHARITY.

For travelling and other necessary expenses of the board
of health, lunacy and charity, a sum not exceeding twelve
hundred dollars.

DEPARTMENT OF HEALTH.

For the salary of the health officer in the department of
health, two thousand five hundred dollars.

For such clerical assistance as the health officer may
deem necessary in the department of health, a sum not
exceeding one thousand dollars.

For general work of the de])artment of health, including
chemical analyses, sanitary investigations and reports, and
travelling expenses for inspections, a sum not exceeding
five thousand dollars.

1882. — Chapter 17. 21

INSPECTOK OF CHARITIES.

For the salary of the inspector of charities, two thou- inspector.
sand five hundred dollars.

For such clerical assistance as the inspector of charities clerical

1 J. T a j.\ 1 assistance.

may deem necessary, a sum not exceeding lour thousand
five hundred dollars.

For incidental and contingent expenses in the depart- incidental and
raent of the inspector, the same to include expenses in- expenfeT.^
curred in the inspection of public institutions, a sum not
exceeding one thousand dollars.

SUPERINTENDENT OF IN-DOOR POOR.

For the salary of the superintendent of in-door poor, superintendent
two thousand five hundred dollars. ° '"" """^ ^°°^'

For the salary of the assistant to the superintendent of
in-door poor, one thousand five hundred dollars.

For the salary of the assistant in the bureau of visita- Bureau of
tion, one thousand five hundred dollars.

For such additional clerical assistance, including services clerical
of visitors, as the superintendent of in-door poor, with the
approval of the board of health, lunacy and charity, may
deem necessary, a sum not exceeding twelve thousand five
hundred dollars.

For travelling and contingent expenses of the depart- Travelling and
ment of the superintendent of in-door poor, a sum not ex- expeMeT'
oeeding six thousand dollars.

SUPERINTENDENT OF OUT-DOOR POOR.

For the salary of the superintendent of out-door poor, superintendent

. .1 TJ21T1111 of out-door poor.

two thousand hve hundred dollars.

For the salary of the clerk of the superintendent of out- oierii.
door poor, one thousand five hundred dollars.

For such other clerical assistance, including visitors, as Additional cieri-
the superintendent of out-door poor, with the approval of
the board of health, lunacy and charity, may deem neces-
sary, a sum not exceeding ten thousand two hundred dol-
lars.

For travelling, incidental and contingent expenses of incidental and
the superintendent of out-door poor, a sum not exceeding expenses.
twenty-eight hundred dollars.

MISCELLANEOUS CHARITABLE.

For the support and relief of state paupers in the lunatic state paupers
hospitals and asylums of the Commonwealth, a sum not ifospitaVs!
exceeding one hundred and eighteen thousand dollars.

1882. — Chapter 17.

Transportation
to almslioiise.

Transportation.

Cases of settle-
naent, bastardy,
etc.

Infant asvlum.

Support of
slate paupers
by towns.

Burial.

Temporary sup-
port by cities
and towns.

Transportation
of foundlings.

Dangerous
diseases.

Indian paupers

Idiotic and

feeble-minded

youth.

Auxiliary
visitors.

Jobonnot
annuities.

Annuities.

For transportation of state paupers to the state alms-
house, six hundred dollars.

For transportation of state paupers, a sum not exceed-
ing twelve thousand dollars.

For expenses attending the management of cases of set-
tlement and bastardy, and in connection with complaints
of, or in behalf of, persons confined as lunatics, a sum not
exceeding two thousand dollars.

For the re-imbursement of the Massachusetts Infant
Asylum for the support of infants having no known set-
tlement in the Commonwealth, a sum not exceeding fifteen
thousand dollars.

For the support of state paupers by cities and towns, a
sum not exceeding twenty-seven thousand dollars, which
amount is made applicable for the payment of claims for
the present and previous years.

For the burial of state paupers by cities and towns, for
the present and previous years, a sum not exceeding seven
thousand dollars.

For the temporary support of state paupers by cities
and towns, for the present and previous years, a sum not
exceeding eighteen thousand dollars ; and if at any time
it shall be found necessary a sum not exceeding one thou-
sand dollars may be advanced on account of the support
and transportation of outside foundlings and other state
paupers : provided^ a detailed report of such expenditures
shall be rendered to the auditor of accounts whenever
required.

For the support and transportation of outside found-
lings, a sum not exceeding eight thousand dollars.

For expenses incurred in connection with small pox, and
other diseases dangerous to the public health, a sum not
exceeding ten thousand dollars.

For support of Indian state paupers, a sum not exceed-
ing five hundred dollars.

For the Massachusetts School for Idiotic and Feeble-
minded Youth, a sum not exceeding seventeen thousand
five hundred dollars.

For travelling and necessary expenses of the auxiliary
visitors of the board of health, lunacy and charity, a sura
not exceeding twelve hundred dollars.

For annuities due from the Commonwealth, incurred by
the acceptance of the bequests of the late Martha Johon-
not, a sum not exceeding one thousand three hundred dol-
lars.

For other annuities authorized by the legislature, a sum

1882. — Chapter 18.

not exceeding one thousand nine hundred and seventy-two
dollars.

For pensions, a sum not exceeding six hundred and Pensions
twenty dollars.

For expenses incurred in connection with medical exami-
nations and inquests, a sum not exceeding three thousand
five hundred dollars.

The sum of two thousand dollars is hereby appropriated
for the temporary support of paupers, from which aid may
be given by the board of health, lunacy and charity, in
extraordinary cases of suffering, where the provisions made
by existing laws are in their judgment insufficient.

Medical exarni-
nations and
inquests.

Temporary sup-
port of paupers.

Gratuity
to town of
Westfield.

GRATUITIES.

For a gratuity payable to the town of Westfield, author-
ized by the legislature, the sum of five thousand dollars.
Section 2. This act shall take effect upon its passage.

Approved February 11, 1882.

Ax Act in further addition to "an act making appropria- Chap. 18

TIONS FOR THE MAINTENANCE OF THE GOVERNMENT DURING THE
PRESENT YEAR."

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap-
propriated for the purposes specified, to be paid from the
ordinary revenue, unless otherwise ordered, out of the
treasury of the Commonwealth, to meet the current ex-
penses of the year ending on the thirty-first day of Decem-
ber one thousand eight hundred and eighty-two, to wit: —

legislative and executive departments.

For printing and binding ordered by the senate and Printing and

house of representatives, or by concurrent order of the by"icgifiaturer
two branches, a sum not exceeding twenty thousand dol-
lars.

For stationery for the senate, purchased by the clerk of Senate

the senate, a sum not exceeding nine hundred dollars. 'stationery.

For stationery for the house of representatives, pur- House

chased by the clerk of the house of representatives, a sum »'"*'°"«''"J-
not exceeding sixteen hundred dollars.

.For books, stationery, printing and advertising ordered Sergeant-at-

by the sergeant-at-arms for the legislature, a sum not ex- eryTetc.*"°"
ceeding eight hundred dollars.

For incidental and contingent expenses of the sergeant- incidental

at-arms, a sum not exceeding three hundred dollars. expenses.

1882. — Chapter 18.

Council
priming and
stationcrj'.

CoiUin2;ent
expenses of
governor and
council.

Contingent
expenses of
executive
department.

Postage and
printing.

For postage, printing and stationery for the executive
council, a sum not exceeding five hundred dollars.

For the contingent expenses of the governor and coun-
cil, a sum not exceeding one thousand five hundred dol-
lars.

For the contingent expenses of the executive depart-
ment, as authorized by chapter two hundred and eight of
the acts of the year eighteen hundred and seventy-nine,
three thousand dollars.

For postage, printing and stationery of the executive
department, a sum not exceeding eight hundred dollars.

State liouse
fuel and liijhts.

■Repairs and
furniture.

Expenses of
house in Peni-
berton Square.

STATE HOUSE EXPENSES.

For fuel and lights for the state house, a sum not ex-
ceeding four thousand dollars.

For repairs, improvements and furniture of the state
house, a sum not exceeding five thousand dollars.

For rent, taxes and other expenses connected with liouse
number thirty-thrcje Pemberton Square, a sum not exceed-
ing: ten thousand dollars.

Incidental
expenses —
Secretary.

Treasurer.

Tax com-
missioner.

Commissioner
of corporations.

Auditor.

Insurance
commissioner.

Kail road
commissioners.

Travelling and

Incidcntjil

expenses.

Surgeon-
gencral.

INCIDENTAL AND CONTINGENT EXPENSES.

For incidental expenses of the secretary's department, a
sum not exceeding three thousand dollars.

For incidental expenses of the treasurer's department, a
sum not exceeding one thousand one hundred dollars.

For incidental and contingent expenses of the tax com-
missioner's department, a sum not exceeding three thou-
sand three hundred and fifty dollars.

For incidental expenses of the commissioner of corpora-
tions, a sum not exceeding four hundred dollars.

For incidental expenses of the auditor's department, a
sum not exceeding seven hundred dollars.

For incidental expenses of the insurance commissioner's
department, a sum not exceeding three thousand dollars.

For compensation of experts, or other agents, for rent
of office, and for incidental and contingent expenses of the
raih-oad commissioners, a sum not exceeding two thousand
eight hundred and seventy-five dollars.

For travelling and incidental expenses of the commis-
sioners on savings banks, the same to include expenses
incurred in auditing the accounts of county officers, a sum
not exceedino- two thousand dollars.

For the contingent expenses (jf the surgeon-general, a
sum not exceeding five hundred dollars.

1882. — Chapter 18.

For the incidental expenses of the attorney-general's Attorney-
department, a sum not exceeding one thousand five hun- s™*'''^ -
dred dollars ; and for expenses of civil actions, a sum not
exceeding three hundred dollars.

For travelling expenses of the inspector and assistant inspectors oi

I n J 1 ^• ■ ^ 1 J gas-meters.

inspector or gas-meters, a sum not exceeding six hundred,
dollars ; and for furnishing such additional apparatus as
the inspectors of gas-meters may require, a sum not ex-
ceedijig two hundred dollars.

MILITARY DEPARTMENT.

For incidental expenses of the adjutant-general's depart-
ment, a sum not exceeding three thousand dollars.

For the compensation of officers and men of the volun-
teer militia for military duty, a sum not exceeding seventy
thousand dollars.

For transportation of officers and men of the volunteer
militia while on military duty, a sum not exceeding thir-
teen thousand dollars.

For rent of brigade and battalion headquarters and
company armories, a sum not exceeding thirty-one thou-
sand dollars.

For expenses of the bureau of the quartermaster-gen-
eral, a sum not exceeding five thousand dollars.

For quartermasters' supplies, a sum not exceeding six
thousand dollars.

For grading the camp-ground of the state at Framing-
ham, a sum not exceeding five hundred dollars.

For military accounts, in connection with volunteer
militia not otherwise provided for, a sum not exceeding
four thousand dollars.

For medical supplies for the use of the volunteer militia,
a sum not exceeding five hundred dollars.

For payment of bounties due to Massachusetts volun-
teers, a sum not exceeding five hundred dollars.

In resolve chapter eight of the year eighteen hundred
and eighty, entitled " Resolve to amend chapter fifteen of
the resolves of the year eighteen hundred and seventy-five,
authorizing the publication of a list of Massachusetts offi-
cers, sailors and marines, who served in the navy in the
late civil war," a sum not exceeding one thousand dollars.
Any sums of money received under the provisions of
section eighty-six of chapter two hundred and sixty-five
of the acts of the year eighteen hundred and seventy-
eight, and from the sale of grass at the state camp-ground,

Adjutant-
general.

Military duty.

Transportation.

Headquarters
and armories.

Quartermaster-
general.

Quartermasters'
supplies.

Grading camp-
ground.

Military
accounts.

Medical
supplies.

Soldiers'
bounties.

List of sailors
and marines.

Proceeds ot
sale of grass at
camp-ground.

1882. — Chapter 18.

Re-irabursc-
ment for state
and military
aid.

Bounties to
societies.

Expenses of
board.

Travelling
expenses.

Incidental
expenses.

Commercial
fertilizers.

may be expended by the quartermaster-general under the
direction of the governor and council for the purchase of
other military supplies, and for the care and improvement
of said ground.

For the re-imbursement of cities and towns for money
paid on account of state and military aid to Massachusetts
volunteers and their families, a sum not exceeding four
hundred and thirty -six thousand dollars ; the same to be
payable on or before the first day of December of the
present year.

AGRICULTURAL.

For bounties to agricultural societies, a sura not exceed-
ing sixteen thousand four hundred dollars.

For travelling and necessary expenses of the members
of the board of agriculture, a sum not exceeding one thou-
sand five hundred dollars.

For travelling expenses of the secretary of the board of
agriculture, and all postages and necessary expenses, a
sum not exceeding five hundred dollars.

For incidental expenses of the board of agriculture, a
sum not exceeding five hundred dollars.

The fees under section two of chapter two hundred and
six of the acts of the year eighteen hundred and seventy-
four, entitled " An Act concerning commercial fertilizers,"
are hereby appropriated to be used in accordance with the
provisions of section five of the same act.

I'rinting and
binding public
documents.

f.-unphlet
edition.

' Blue Book.'

NeWHpaper
publication.

ABsesBors'
books, etc.

PRINTING, BINDING, ETC.

For printing and binding the public series of docu-
ments, under the direction of the secretar}'- of the Com-
monwealth, a sum not exceeding thirt3'-five thousand
dollars.

For printing the pamphlet edition of the acts and re-
solves of the present year, for distribution in the Common-
wealth, a sum not exceeding thirty-three hundred dollars.

For printing and binding the "• blue book " edition of
the acts and resolves of the present year, with the govern-
or's message and other matters in the usual form, a sum
not exceeding three thousand dollars.

For the newspaper publication of the general laws and
all information intended for the public, a sum not exceed-
ing five hundred dollars.

For assessors' books and registration blanks, a sum not
exceeding one thousand five hundred dollars.

1882. — Chapter 19.

Roads in
Mashpee.

Sheriffs.

Weights and
measures.

State and mili-
tary aid.

Registration
report.

For preparation for publication and for the publication Provincial
of the provincial statutes, a sum not exceeding five thou-
sand dollars.

For term reports, a sum not exceeding sixteen hundred
dollars.

MISCELLANEOUS.

For expenses incurred in the construction and repair of
roads in the town of Mashpee during the year one thou-
sand eight hundred and eighty-one, three hundred dollars.

To the sheriffs of the different counties, for distributing
proclamations, blanks, and making return of votes, a sum
not exceeding five hundred dollars.

For weights, measures, balances, and reports for sundry
newly incorporated towns, a sum not exceeding one thou-
sand two hundred dollars.

For postage, printing, and other necessary expenses in
carrying out the provisions of the state and military aid
laws, a sum not exceeding five hundred dollars.

For editing the registration report under the direction
of the secretary of the Commonwealth, a sum not exceed-
ing five hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved February 11^ 1882.

An Act to authorize the old colony railroad company to Chap. 19

TAKE LAND IN BRAINTREE AND IN BOSTON.

Be it enacted, etc., as foUoivs :

Section 1. The Old Colony Railroad Company may May take land
take so much land in the town of Braintree southerly of and'B'o"ton';
the South Shore Branch and easterly of its main line as its
directors may deem necessary to make and maintain a con-
venient connection of tracks between said main line and
said South Shore Branch : and may also take such land
adjoining its railroad in South Boston as its directors ma}^
deem necessary (but not exceeding twenty-five feet in
width at any point in addition to its present road bed), for
raising its railroad over the proposed extension of D Street
in South Boston ; and may also temporarily take, for a
period not exceeding ten months, for the purpose of chan-
ging its tracks during the time the work of raising its rail-
road is going on, so much land as may be necessary to
construct and maintain a railroad with two tracks westerly
of its present road bed for the whole or any part of the
distance between Dorchester Street and Dorchester Avenue
in said South Boston, and may construct, maintain and

1882. — Chapters 20, 21,

Powers and
duties.

operate a railroad thereon for the said period of ten months.
Locations, in the form provided by law, of the land taken
hereunder shall be filed within one year, and of the land
the temporary use of which is taken for tracks shall be
filed within three months from the passage of this act.

Section 2. In the exercise of the powers granted by
this act said Old Colony Railroad Company and any per-
son or corporation who shall sustain any damage in their
property shall have all the rights, privileges and remedies,
and be subject to all the duties, liabilities and restrictions
provided by the general laws of the Commonwealth in the
like case.

Section 3. This act shall take effect upon its passage.

Approved February 14, 1882.

Chap. 20

^^ay increase
capital stock.

An Act to authorize the national tdbe works company to
increase its capital stock.

Be it enacted, etc., as folloios:

Section 1. The National Tube Works Company, a
corporation established in Boston under the general laws
of this Commonwealth, is hereby authorized to increase its
capital stock to an amount not exceeding two million dol-
lars.

Section 2. This act shall take effect upon its passage.

Approved February 14, 1882.

Appropriations.

Chap. 21 An -^CT JIAKING APPROPRIATIONS FOR EXPENSES OF THE VARI-
OUS CHARITABLE AND REFORM ATORV INSTITUTIONS, AND FOR
OTHKR PURPOSES.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth, from the ordinary revenue, for the purpose of
meeting the current expenses of the institutions herein-
after named, and for other purposes, during the year eigh-
teen hundred and eighty-two, to wit : —

For the payment of salaries at the state almshouse at
Tewksbury, a sum not exceeding twenty thousand dollars;
and for other current expenses at said institution, a sum
not exceeding seventy-three thousand dollars.

For the payment of salaries at the state primary school
at Monson, a sum not exceeding seventeen tliousand dol-
lars; and for other current expenses of said institution, a
sum not exceeding thirty-five tlu)usand dollars.

Salaries.
State alms-
house.

State priTiiury
school.

1882. — Chapter 21. 29

For the payment of salaries at the state prison at Con- state prison.
cord, a sum not exceeding fifty-two thousand dollars ; and
for other current expenses of said institution, a sum not
exceeding eighty-two thousand three hundred dollars.

For the payment of salaries at the reformatory prison Prison for
for women, a sum not exceeding twenty-three thousand
dollars ; and for other current expenses of said institution,
a sum not exceeding forty-seven thousand two hundred
dollars.

For the payment of salaries at the state reform school Reform school.
for boys, a sum not exceeding fifteen thousand dollars ; and
for other current expenses of said institution, a sum not
exceeding fifteen thousand dollars.

For the payment of salaries at the state industrial school industrial
for girls, a sum not exceeding five thousand six hundred
dollars ; and for other current expenses of said institution,
a sum not exceeding nine thousand dollars.

For the payment of salaries at the state workhouse at state work-
Bridgewater, a sum not exceeding eleven thousand dol-
lars ; and for other current expenses of said institution, a
sum not exceeding twenty-nine thousand dollars.

For the contingent expenses of the commissioners of Expenses.
prisons, a sum not exceeding eight hundred dollars, the of'^r^ons^"'*'*'
same to include printing blanks and binding.

For the travelling expenses of the commissioners of
prisons, and the secretary thereof, a sum not exceeding
eight hundred dollars.

For the payment of the cost of supporting prisoners support of

Trt.i /. . . 7. oi prisoners, etc.

removed from the reformatory prison for women, a sum
not exceeding five hundred dollars.

For expenses incurred in removing prisoners from the Removing
reformatory prison for women, a sum not exceeding two p"*'°"'^''*-
hundred dollars.

For the salary of the agent for aiding discharged female Discharged fe-
prisoners, seven hundred dollars; and for expenses of said "^^le pnsoners.
agent, a sum not exceeding two thousand three hundred
dollars.

For the salary of the agent for aiding discharged con- Discharged
victs, one thousand dollars ; and for the expenses of said '^""^'° "^
agent, a sum not exceeding three thousand dollars.

For expenses incurred in the arrest of fugitives from Arrest of
justice, a sum not exceeding two thousand dollars. '"^' '^'^*"

For the salary of the chief of the district police force, a District police,
sum not exceeding one thousand seven hundred dollars;
for the compensation of the district police force, a sum not
exceeding eighteen thousand dollars; for travelling ex-

1882. — Chapter 22.

Kxpenses of
trustees.

penses actually paid by members of said force, a sum not
exceeding nine thousand dollars; and for incidental and
contingent expenses, a sum not exceeding two thousand
dollars.

For travelling and other necessary expenses of the trus-
tees of the state primary, reform and industrial schools, a
sum not exceeding one thousand two hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved February 18, 1882.

Chap 22 An Act making additional appropriations for certain

EXPENSES authorized IN THE TEAR EIGHTEEN HUNDRED AND

eighty-one.
Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap-
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, for the purposes
specified herein, to wit : —

For printing and binding the pamphlet edition of the
general laws enacted at the extra session, one hundred and
nine dollars and eight cents.

For travelling and other expenses of the trustees of the
state primary, reform and industrial schools, seventy-nine
dollars and eighty-four cents.

For travelling and other expenses of the inspector of
gas-meters, one hundred and thirty-two dollars and sixty-
eight cents.

For expenses incurred in medical examinations and in-
quests, seven hundred and nine dollars and forty cents.

For the preparation for publication, and for the publica-
tion of the provincial laws, seven hundred and eighty-
three dollars and forty-six cents.

For current expenses at the state reform school for boj's,
two thousand .three hundred and ninety-seven dollars and
eighty-two cents.

For payment of salaries at the state prison at Concord,
one hundred and ninety-six dollars and forty-six cents ;
and for other expenses at said institution, six thousand
eight hundred and sixt^'-six dollars and forty-two cents.

For the payment of current expenses at the state alms-
house at Tewksbury, nine thousand nine hundred and
ninety-four dollars and thirty-seven cents.

Section 2. This act shall take effect upon its passage.

Approved February 18, 1882.

Appropriations.

Printing, etc.,
pamphlet
edition of laws.

Inspector of
gas-meters.

Medical exami-
nations and
inquests.

Provincial lawt-

State reform
school.

State prison.

State alms
liouse.

1882. — Chapter 23.

Xarae and
purpose.

Powers and
duties.

May hold and
manage fund.

An Act to incorpokate the wiiEKLwiiiGHT scientific school. Chap. 23
Be it enacted, etc., as folloios :

Section 1. Robert Codmau, Eberi F. Stone, Charles corporators.
G. Wood, William B. Atkinson, and the mayor of the
city of Newburyport for the time being, their associates
and successors, are hereby made a corporation by the name
of the Wheelwright Scientific School, for the purpose of
establishing a scientific school in said Newburyport, or
assisting young men of that city as provided in the will
of William Wheelwright, deceased, to obtain a scientific
education ; with all the powers and privileges and subject
to all the duties, restrictions and liabilities set forth in all
general laws which now are or may hereafter be in force
and applicable to such corporations.

Section 2. The said corporation shall have authority
to receive, hold and manage the fund bequeathed for the
purposes for which the said corporation is created by the
will of William Wheelwright, late of Newburyport, de-
ceased, and any other donations or bequests which may be
made for its benefit, and may hold for the purposes afore-
said real and personal estate to an amount not exceeding
three hundred thousand dollars.

Section 3. The officers of said corporation shall con-
sist of the trustees under said will, one of whom shall be
president ; also a treasurer and a secretary, who may or
may not be members of said board of trustees. Whenever
a trustee shall die or resign or become incompetent to dis-
charge the duties of his trust, a successor shall be elected
by ballot by the remaining trustees ; but no person so
elected shall have any authority to act as trustee until
approved as such by the judge of probate for the county
of Essex.

Section 4. The said institution shall be established in
said Newburyport, and shall be conducted and managed in
accordance with the provisions of the will of said William
Wheelwright. It shall as often as once in three years, and
oftener when thereto requested, render to the probate
court for the county of Essex and also to the city of New-
buryport an account of all receipts and disbursements of
the said trust fund.

Section 5. This act shall take effect upon its passage.

Approved February 18, 1882.

Officers of the
corporation to
consist of trus-
tees under the
will.

To he estab-
lished in Xew-
buryport.

1882. — Chapters 24, 25, 26.

Chap. 24

May discontinue
draw in bridge.

Chap.

Corporators.

Name and
purpose.

Powers and
duties.

Real and per-
sonal estate.

An Act to authorize the discontinuance of a draw in the
bridge over blue river, in the town of duxbury.

Be it enacted., etc., as follows :

Section 1. The town of Duxbury is hereby authorized
to discontinue the draw in the bridge over Blue River in
said town.

Section 2. This act shall take effect upon its passage.

Approved February 18, 1882.

25 An Act to incorporate the pine grove cemetery associa-
tion, IN the town of SHEFFIELD.

Be it enacted, etc. , as follows :

Section 1. Albert W. Curtiss, Leonard Tuttle, Abner
Ro3^s, S. Hopkins Bushnell, Luella D. Smith, Herbert C.
Joyner, their associates and successors are hereby made a
corporation b}^ the name of the Pine Grove Cemetery
Association, for the purpose of establishing and maintain-
ing a place for the burial of the dead, to be located in the
town of Sheffield in the county of Berkshire, and sliall
have all the powers and privileges and be subject to all the
duties, liabilities and restrictions of the statutes applicable
to similar corporations.

Section 2. Said corporation may hold real and personal
estate for the purpose aforesaid, not exceeding in amount
the sum of five thousand dollars.

Section 3. This act shall take effect upon its passage.

Approved February IS, 1882.

Chap. 26

May issue addi-
tional water
bonds.

An Act to authorize the town of Winchester to issue
additional water bonds.

Be it enacted, etc., as follows:

Section 1. The town of Winchester is hereby granted
the right, from time to time, to issue notes or bonds to
an amount not exceeding one hundred thousand dollars,
in addition to that authorized by chapter two hundred
and sixt}^ five of the acts of the year eighteen hundred and
seventy-two, and subject to the conditions therein con-
tained, for the purpose of supplying said town with pure
water. The same shall be denominated on their face
'' Winchester Water Fund Bonds," and be payable at
periods not more than thirty years from their respective
dates.

Section 2. This act sliall take efl'ect upon its passage.

Approved February 18, 1882.

1882. —Chapter 27. 33

An Act to incorporate the guarantee assurance coMPANr Chap. 27

OF BOSTON.

Be it enacted, etc., as follows:

Section 1. William II. Goodwin, Frank Goodwin, corporators.
Henry P. Coffin, Nathaniel J. Bradlee, A. Davis Weld,
junior, William H. Hill, Ezra Farnsworth, J. Gardner
White, William I. Parker and Samuel Batchelder, junior,
their associates and successors, are made a corporation by
the name of the Guarantee Assurance Company of Boston, Name,
for the purposes hereinafter set forth ; to have its place of
business in the city of Boston, and to be subject to the
provisions of all general laws which now are or hereafter
may be in force in relation to like corporations.

Section 2. The capital stock of said company shall be CapUai stock.
two hundred thousand dollars, and may be increased to
one million of dollars by a vote of the stockholders, and
shall be invested in the same kind of securities in which
savings banks are required to invest.

Section 3. The said company is hereby authorized Powers.
and empowered to act within the limits of this Common-
wealth, and under the jurisdiction of the courts there-
of, as surety upon the official bond of any person to
the United States or to any official thereof, to the State of
Massachusetts or to any official thereof, to any county,
city or town, or to any officials thereof, to any judge of
probate or other court or magistrate, to any corporation or
association, public or private, and upon a bond to any
person or persons conditioned upon the performance of
any trust. Also, upon bonds to indemnify against loss any
person or persons who are responsible as surety or sureties,
upon a written instrument or otherwise, for the faithful
performance by others of any trust, office or duty. And
in any case where, by law or otherwise, two sureties are
required upon any obligation which this company is hereby
authorized to assure, this company may act as sole surety,
if so accepted and approved by the court or magistrate
named as the obligee in the bond. The judge of probate
may allow the premium to be charged as an item in the
final account.

Section 4. The amount of the responsibility incurred Responsibility,
by said company in behalf of any one person, partnership
or company shall not exceed the amount of ten per centum
upon its paid-in capital ; and in the case of bonds of trus-
tees and guardians filed in any probate court of this Com-
monwealth shall not exceed on any one bond five per

1882. — Chapter 27.

Dividends.

Reserved fund.

Proviso.

What may be

considered

earnings.

Taxation.

centum of the net assets of the company ; nor in the case
of bonds by executors or administrators shall it exceed the
sura of fifteen thousand dollars upon any one bond.

Section 5. After deducting^ from the earnincrs of the
company (no part of the premiums received on risks not
teiminated being considered earnings), and from the in-
come of its invested funds, such an amount as shall have
been required for the costs of management, and for such
dividends not exceeding ten per centum per annum on the
capital stock as the directors may determine upon, the
residue shall be annually set apart for the purpose of con-
stituting a reserved fund for the payment of losses, until
the said reserved fund shall equal one-half the amount of
the capital stock paid in ; and, in case the reserved fund
shall ever be impaired, it shall be made up to the full
amount in the manner originally provided; and the said
capital stock shall in no case be impaired or diminished
until said reserved fund shall have been exhausted : jpro-
vided^ that whenever the said reserved fund shall equal
one-half the amount of the capital stock paid in, the earn-
ings of the company over and above the aforesaid dividend
of ten per centum j^^r annum, and the contributions
required to keep the said reserved fund entire, may there-
after be divided among the stockholders jjro rata in certifi-
cate of such portions of its actual surplus as the company
may from time to time determine, which shall be deemed
to be an increase of its capital stock to the extent of such
new certificates so issued ; but no such dividend shall be
made except from actual surplus funds of the company,
such surplus to be computed in the manner herein set
forth ; and provided, also, that in closing up the affairs of
said company, the amount then standing to the credit of
said reserved fund shall be divided among the stockhold-
ers in proportion to their respective shares.

Section 6. At the end of each and every second j-ear
from the date of every probate risk undertaken by said
company, one-third part of the premium received therefor
may be considered and treated as earnings, or the whole
premium upon such risks may be considered and treated
as earnings upon the allowance of the final account by the
court.

Section 7. For purposes of taxation, said corporation
shall be embraced in the provisions of section thirtj'-eight
of chapter thirteen of the Public Statutes. Said corpona-
tion shall also be subject to all general provisions of law
applicable to insurance companies having a specific capital.

1882. — CuArxER 28. 35

Section 8. The said company shall publish within ten statpmentof
days from the first day of January, April, July and Octo- fiabiuticH'tobe
ber in each year, in two or more newspapers published in pu'^''«'^<=<i-
the city of Boston, a statement of its assets and liabilities
sworn to by one of its officers.

Section 9. The books and investments of said com- Books, etc., to
pany shall be open to the inspection of the insurance gpecUon'of "'
commissioner and of the tax commissioner of the Common- stockholders,
\vealth ; also to the inspection of the stockholders, subject
to such limitations as may be prescribed by the by-laws of
the company. Every stockholder shall be furnished with
a copy of the charter and bj^-laws of the company.

Section 10. This act shall take effect upon the first
day of June, A.D. eighteen hundred and eighty-two.

Approved February 21, 1882.

An Act concerning the correction of errors in copies of Chap. 28

RECORDS OF VOTES, AND THE PDBLICITY OF ELECTION RETURNS.

Be it enacted, etc., as follows:

Section 1. If, upon examination of the copies of the if returns are
records of votes as required by the forty-fifth section of Ifew'copLs'may
the seventh chapter of the Public Statutes, it shall appear goremorand
to the governor and council that any such copy is incom- councu.
plete or erroneous, they may order a new copy of the
record to be made and transmitted in the manner pro-
vided for making and transmitting the original return.
Said new copy shall be returned by the clerk of the city
or town within seven daj^s after the date of the order
requiring the same to be made, and if adjudged to be
correct and in conformity to the requirements of law
shall thereupon have the same force and eifect as an
original return correctly made and transmitted.

Section 2. Any city or town officer wilfully neglect- Penalty on offi-
ing or refusing to perform the duties required of hira '^'^^ °'-'^'^sect.
under the preceding section shall be liable to the penalty
provided in the sixty-fifth section of the seventh chapter
of the Public Statutes.

Section 3. Upon the completion of the examination Publication in
of the copies of the records of votes by the governor and e'lewspape
council, and the determination of the persons severally
appearing to be elected in accordance therewith, the sec-
retary of the Commonwealth shall furnish to every daily
newspaper in the Commonwealth, and to at least one news-
paper in every county where no daily newspaper is pub-
lished, if such 23aper shall apply for the same, an abstract
of the returns of votes and a statement of all cases where

1882. — Chapters 29, 30.

Copies of
ri-foids to be
placed on tile.

Allowance for
clerical aBBist-
ance.

corrected returns have been received, showing the varia-
tions, if any, from the first return received. All copies
of records of votes, whether original or corrected, shall be
placed and remain on file in the office of the secretary of
the Commonwealth, and be there open to inspection by
any interested person who may apply therefor.

Section 4. This act shall take effect upon its passage.

Approved February 21, 1882.

Chap. 29 An Act to amend section eighteen of chapter five of the
PUBLIC statutes, relative to clerical assistance in the
state library.

Be it enacted, etc., as follows :

Section 1. Section eighteen of chapter five of the
Public Statutes is hereby amended by striking out the
words "eighteen hundred," and inserting instead thereof
the words "two thousand."

Section 2. This act shall take effect upon its passage.

Approved February 21, 1882.

Chaj). 30 An Act to increase the prison and hospital loan sinking

FUND.

Be it enacted, etc., as follows:

Section 1. Until the state prison at Charlestown, with
the lands and property connected therewith, shall have
been sold in accordance with the provisions of section
three of chapter three hundred and ninety-one of the acts
of the year eighteen hundred and seventy-four, and until
the old hospital estate in Worcester shall have been sold
in accordance with the provisions of section three of chap-
ter one hundred and sixty of the acts of the year eighteen
hundred and seventy-five, the treasurer and receiver-gen-
eral is hereby directed to pay into the prison and hospital
loan sinking fund, annually, all rents and other income
that may be received from said prison, lands and property,
and from said old hospital estate in Worcester; and said
rents and income shall constitute a part of said sinking
fund and shall be invested and used for the purposes for
which said fund was established.

Section 2. This act shall take effect upon its passage.

Approved February 21, 1882.

Application of
proceeds of
sale of state
prison lands in
Charlestown,
and old hospital
estate in
Worcester.

1882. — Chapters 31, 32, 33, 34. 37

An Act relative to the bridge over the monatiquot river Chap. 31
IN the town of braintree.

Be it enacted, etc., as folloios:

The town of Braintree is hereby directed to rebuild the Town to rebuild
bridge over the Monatiquot River in said town within Monatiquot
three years from the passage of this act, with a draw ^'^^^'•
therein not less than thirty-six feet wide ; the plans for
such bridge and the rebuilding thereof with all its attach-
ments to be first approved by the board of harbor and
land commissioners. Approved February 21, 1882.

An Act in addition to " an act to establish the south cove Chap. 32
corporation."

Be it enacted, etc., as follows:

The limitation now existing to the duration of the charter
charter of the South Cove Corporation under chapter *^^'*'»<^'''*-
seventeen of the acts of the yea^v eighteen hundred and
thirty-three and chapter two hundred and twenty-three
of the acts of the year eighteen hundred and seventy-two
is hereby repealed and annulled ; but said corporation
shall be and remain subject to the same duties, liabilities
and restrictions as are provided by general laws applicable
to such corporations. Approved February 21, 1882.

An Act to authorize the essex institute to hold additional Chap. 33

PERSONAL ESTATE.

Beit enacted, etc., asfolloivs:

Section 1. The Essex Institute, incorporated by chap- Mayhoidaddi-
ter five of the acts of the year eighteen hundred and eXte.^*''^°°^
forty-eight, is hereby authorized to hold personal estate,
exclusive of the books, papers and articles in the cabinets
of said corporation, to an amount not exceeding one hun-
dred thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved February 24, 1882.

An Act to incorporate the warren savings bank, in the Chap. 34

TOWN OF WARREN.

Bs it enacted, etc., as follows:

Section 1. John W, Chadsey, William B. Ramsdell, corporators.
E. F. Strickland, L. M. Gilbert, J. D. Rood, C. B. Elwell,
E. J. Buck, J. E. Moore, E. Fairbanks, Seth Wetherbee,
Job Owen, B. A, Tripp, Samuel E. Blair, Joseph B. Lom-
bard, E. C. Sawyer, Cutler Moore, John B. Gould, John

1882. — Chapters 35, 36, 37.

Name and
purpose.
Powers and
dutitiB.

May hold
additional real
estate.

M. Drake, their associates and successors, are liereby made
a corporation by the name of the Warren Savings Bank,
to be located in the town of Warren ; with all the powers
and privileges and subject to all the duties, liabilities and
restrictions set forth in the general laws which now are or
may hereafter be in force relating to savings banks and
institutions for savings.

Section 2. This act shall take effect upon its passage.

Approved February 24, 1882.

Chap. 35 An Act to authorize the hodsatonic agricultural society

TO hold additional real estate.

Be it enacted., etc.. as follows:

Section 1. The Housatonic Agricultural Society, in-
corporated under chapter one hundred and one of the acts
of the year eighteen hundred and forty-eight, is hereby
authorized to hold and manage real estate not exceeding
in value thirty thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved February 24, 1882.

Chap. 36 An Act relative to notices in cases of injuries received

ON HIGHWAYS.

Be it enacted, etc., as follows:

Section nineteen of chapter fiftj^-two of the Public Stat-
utes is hereby amended by adding thereto the following
words, viz. : — But no notice given under tlie provisions of
this section shall be deemed to be invalid or insufficient
solely by reason of any inaccuracy in stating the time,
place, or cause of the injury : provided, that it is shown
that there was no intention to mislead, and that the party
entitled to notice was not in fact misled thereby.

Approved February 24, 1882.

Notices in cases
of injuries on
highways.

Chap. 37

Boundary line
ebtJiblinhed be-
tween ("liiliiiurk
and Tisbury.

An Act to establish the boundary link between tue towns

OF CIHLMARK and TISBURY.

Be it enacted, etc., as follows :

Section 1. The boundary line between the towns of
Cliilmark and Tisbury, in accordance witii tlie report of
the commissioners appointed under chapter twenty-two
of the resolves of the year eighteen hundred and eighty-
one, is hereby fixed and cstaljlished as follows : —

Beginning at a copper liolt in a rock lying in the wash
of the X'iiieyard Sound and marked with the letters C and
T cut theieon; thence running south-easterly in a straight

1882. — Chapter 37. 39

line to a stone monument, marked as aforesaid, standing
on the ridge of a hill in land of John Davis, north-easterly
of the house of the late Captain William Ferguson, now
occupied b}^ Captain Francis O. Rotch ; thence running
south-easterly in a straight line to the centre of a rock on
or near the top of a hill known as the Great Rock ; thence
running south-easterly in a straight line to a stone monu-
ment, marked as aforesaid, standing in the field of John
Davis, formerly known as Case's field ; thence running
south-easterly in a straight line to a stone monument,
marked as aforesaid, standing at or near Nab's Corner on
the northerly side of the south road leading from Tisbury
into Chilmark, formerly known as the schoolhouse path;
thence running north-easterly by the northerly side or line
of said road to a stone monument, marked as aforesaid,
standing on the northerly side of said road about eleven
feet south-westerly from the middle line of Tyasquan
Brook ; thence running south-easterly^ across said road by
a course parallel to the middle line of said brook to a
stone monument, marked as aforesaid, standing on the
southerly side of said road about eleven feet south-westerly
from the middle line of said brook ; thence running north-
easterly by the southerly side or line of said road to the
middle line of said brook ; thence running south-easterly
by the thread of the stream of said Tyasquan Brook to the
pond called Great Tisbury Pond ; thence running due east
from the mouth of said brook to the middle line of said
pond ; then turning southerly and following the courses
and curves of said middle line of the pond (meaning there-
by a line drawn midway between its east and west shores
at natural low-watei; mark, so as to divide said pond as
nearly as may be into two equal parts, disregarding the
coves and creeks of water connected therewith), to the
beach or bluff on the south side of said pond at a point
midway between the south-east and south-west corners
thereof ; thence running due south across said beach or
bluff to the sea. The town of Chilmark shall embrace all
the territory of the island of Martha's Vineyard between
said boundary line and the town of Gay Head on the west,
including also the island called No Man's Land; and the
town of Tisbury shall embrace all the territory of said
island of Martha's Vineyard between said boundary line
and the towns of Edgartown and Cottage City on the east.

Section 2. The towns of Chilmark and Tisbury shall Rental of
each receive one-half of the rental hereafter payable under ^'■'^^'- ^'"°'^"
the lease of said Great Pond.

Approved February 27, 1882.

1882. — Chapters 38, 39, 40, 41.

Chap. 38 An Act to change the name of the north bridgewater gas

LIGHT COMPANY.

Be it enacted, etc., as follows:
Name changed. SECTION 1. The Corporate name of the North Bridge-
water Gas Light Company, organized under the general
laws of the Commonwealth, is hereby changed to the
Brockton Gas Light Company.

Section 2. This act shall take effect upon its passage.

Approved February 28, 1S82.

Chap. 39 An Act to extend the charter op the commercial wharf

COMPANY.

Be it enacted, etc., as follows:

Section 1. The limitation now existing to the dura-
tion of the charter of the Commercial Wharf Company
under chapter fifty-one of the acts of the year eighteen
hundred and thirty-tw^o is hereby repealed and annulled ;
but said corporation shall be and remain subject to the
same duties, liabilities and restrictions as are provided by
general laws applicable to such corporations.

Section 2. This act shall take effect upon its passage.

Approved, February 28, 1882.

Charter
extended.

Chap. 40

May hold addi-
tional real aud
personal estate.

Chap. 41

Additional
associate, iuH-
tice to be ap-
pointed.

BalarlcB.

An Act to authorize the young men's christian association
of lynn to hold additional real and personal estate.

Be it enacted, etc., as folloivs :

Section 1. The Young Men's Christian Association of
Lynn, incorporated under chapter one hundred and forty-
two of the acts of the year eighteen hundred and seventy-,
is hereby authorized to hold real and personal estate to an
amount not exceeding two liundred thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved February 28, 1882.

An Act concerning the appointment of an additional as-
sociate JUSTICE for the municipal COURT OF THE CITY OF
BOSTON.

Be it enacted, etc., as folloivs :

Section 1. There shall be appointed in the manner
provided by the constitution one additional associate jus-
tice of the municipal court of the city of Boston, so that
there shall be one chief justice and three associate justices
thereof.

Section 2. The salaries of said chief justice and three
associate justices shall be three thousaiul dollars each per
year, the same to be paid as now provided by law.

1882. — Chapters 42, 43, 44. 41

Section 3. This act shall take effect upon its passage.

Approved February 28, 1882.

Ax Act relative to the appointment op sealers of weights Chop. 42

AND MEASURES IN CITIES.

Se it enacted, etc., as follows :

Section 1. Section eight of chapter sixty-five of the Seaierstobe
Public Statutes is hereby amended by striking out the maydrand^^
words " city council," in the first line, and inserting in aldermen.
their place the words " mayor and aldermen."

Section 2. This act shall take effect upon its passage.

Approved February 28, 1882.

An Act relating to the death, resignation, absence or Chctp. 43

DISABILITY OF THE JUSTICES OF CERTAIN MUNICIPAL COURTS
IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Section forty-two of chapter one hundred in case of death,
and fifty-four of the Public Statutes is hereby amended by dmYestobVpe'r-
adding at the end thereof the following words : "In case ucToUmllher .
of the death, resignation, absence or disability of all the co^^t.
justices of either of the said municipal courts (except the
municipal court of the city of Boston), the duties of justice
of such court may at the request of the clerk thereof, or,
if there is no clerk, at the request of the constable or other
officer in attendance thereon, be performed for the time
being by the justice or by a special justice of either of the
other of said municipal courts."

Section 2. This act shall take effect upon its passage.

Approved March 1, 1882.

An Act to provide for j'he laying out of public parks Chan. 44

AND squares in THE CITY OF NEWTON.

Be it enacted, etc., as follows :

Section 1. The city council of the city of Newton May take land
shall have power to take land from time to time by pur- square's^* ""'^
chase, gift, devise or otherwise for public parks and squares
in said city, and to take and to hold in trust, or otherwise,
any devise, grant, gift or bequest for the purpose of laying
out, improving or ornamenting any parks and squares in
said city, and may provide by ordinances for the govern-
ment, use, care and superintendence of such parks and
squares, either by said city council, or if said council shall
so decide by such persons as may be appointed by the
mayor and aldermen of said city, and for breaches of such
ordinances may affix penalties not exceeding twenty dol-

1882. — Chapter 44.

No liability to
be incurred
oxc('])tby a two-
thirds vote of
city council.

Description of
latid taken to be
liU^d in registry
of deeds.

Assessments for
btittermenta.

Assessment to
constitute a lien
upon estate.

" Public Tark
Loan."

lars for one offence : providt'd, Tiotvever, that no land shall
be so taken or liability created or money expended there-
for or upon any such park or square, except by a two-
thirds vote of all members of each branch of said city
council taken by yeas and nays.

Section 2. Said city shall within sixty days after the
taking of any land under this act file in the registry of
deeds for the southern district of the county of Middlesex
a description of such land sufficiently accurate for identi-
fying the same. The title of lands so taken shall vest in
the city of Newton. In case said city and the owner of
any such land do not agree upon the damage of such tak-
ing, such damage shall be ascertained, determined and
paid in the same manner as is provided for the asf^essment
and payment of damages for the taking of land for high-
ways.

Section 3. At any time within two years after any
land is taken or purchased for a park or square under this
act, the city council of said city of Newton, if in its
opinion any real estate in said city receives any benefit
and advantage from such taking or purchasing, or from
the locating and laying out of a park or square under this
act, beyond the general advantages to all real estate in
said city, may adjudge and determine the value of such
benefit and advantage to any such real estate, and may
assess upon the same a proportional share of the cost of
land so purchased or taken, and of the expense of laying
out, grading and making such park or square ; but in no
case shall the assessment exceed one-half of the amount
of such adjudged benefit and advantage.

Section 4. Assessments made under the preceding
section shall constitute a lien \\\fc)n tlie real estate so as-
sessed, and shall be collected and enforced, Avith the same
rights to owners to surrender their estates, and the same
proceedings thereupon, and with the same rights of and
proceedings upon ai)[)eal, as are provided by chapter fifty-
one of tlie Public Statutes of this Commonwealth.

Section 5. The city council of said city of Newton
shall have authority to issue from time to time, and to an
amount not exceeding the amount actually expended for
the purchase or taking of lands for said parks and squares,
bonds or certificates of debt, to be denominated on the
face thereof " Public Park Loan," and to bear interest at
such rates, and to be payable at such periods as said city
council may determine. For the redemption of such loan,
the said city council shall establish a sinking fund, suffi-

1882. — Chapter 45. 43

cient witli the accumulating interest to provide for its
payment at maturity. All sums paid for betterments shall sinking fund,
be paid into said sinking fund until such sum shall amount
to a sum sufficient with its accumulations to pay at ma-
turity the bonds for the security of which the fund was
established.

Section 6. This act shall not take full effect unless subject to
accepted by a majority of the legal voters of said city ma/Jvity wte^
present and voting thereon at the annual state election in of legai voters,
the present year, notice thereof being duly given, and bal-
lots returned, as is provided for ballots at elections held in
said city. Ballots shall be "yes" or "no" in answer to
the question : " Shall an act passed by the legislature of
the Commonwealth, in the year eighteen hundred and
eighty-two, entitled ' An Act to provide for the laying out
of public parks and squares, in the city of Newton,' be
accepted ? " It shall be the duty of the board of aldermen
to certify as soon as may be after said meeting to the sec-
retary of the Commonwealth, the number of ballots cast
in favor of the acceptance of this act, and the number
cast against its acceptance ; and if it shall appear that a Secretary to
majority of the ballots have been cast in favor of accept- cateuponac- "
ance, the secretary shall immediately issue and publish his ceptanceofact.
certificate declaring this act to have been duly accepted.

Section 7. So much of this act as authorizes and
directs the sul)mission of the question of its acceptance to
the legal voters of the city of Newton, shall take effect
upon its passage. Approved 3Iarch i, 1882.

An Act to incorporate the trustees of the james w. Chap, 45

HALE FUND.

Be it enacted., etc., asfoUoivs:

Section 1. Edward P. Terhune, Courtland W. Ana- corporators,
ble, Francis J. Wagner and Robert O. Morris, all of
Springfield in the county of Hampden, trustees of the
funds created for charitable purposes by the will of James
W. Hale, late of said Springfield, deceased, and their suc-
cessors in said trust, are hereby made a corporation by the
name of the Trustees of the James W. Hale Fund, for Name and
the purpose of managing said funds and dispensing said p"'P"*®-
charities with greater facility and security ; with all the
powers and privileges and subject to all the restrictions,
duties and liabilities set forth in the general laws which
now are or hereafter may be in force and applicable to
such corporations.

Section 2. Said corporation may hold all such notes, Corporate

■"■ powers.

1882. — Chapter 46.

Obligations of
truiitties.

Certain taxes
to be refunded.

Property ex-
empted from
taxation.

Chap. 46

ifuy issue bonds
and Bcciire tiie
same by mort-
gage.

mortgages, deeds and moneys as may have been given or
transferred to the trustees aforesaid in their said capacity,
and may sue and recover upon the same without any
special or further conveyance or transfer thereof to the
said corporation ; and may hold and dispose of real estate
to any amount which may have been by said trustees, or
may be by said corporation, taken as security for or in
payment of any debt due to said trustees or said corpora-
tion.

Section 3. Nothing in this act contained shall be con-
strued as altering the mode of ascertaining the persons
who shall be trustees of said funds from time to time
which is provided in said will; nor as relieving such trus-
tees from the obligation of giving bonds as required by
law, or from any liability which tliey raa}^ have incurred
or hereafter may incur by virtue of such bonds ; nor as
restricting, enlarging, or in any way changing the provis-
ions of said will, or the scheme of charity therein set
forth.

Section 4. The city council of the city of Springfield
is hereby authorized to direct the payment from the treas-
ury of said city to said corporation of a sum equal to tlie
amount paid as taxes by said trustees to said city in the
year eighteen hundred and eighty-one, to be held and
used by said corporation as income of said trust fund in
the manner provided by said will.

Section 5. All of the funds and property aforesaid
shall be exempted from taxation.

Approved March I, 1882.

An Act to enable the winnisimmet company to fund its
debt and to secure the same bi' mortgage.

Be it enacted^ etc., as follows:

Section 1. The Winnisimmet Company, incorporated
by chapter one hundred and ninety -seven of the acts of
the year eighteen hundred and thirty-three, is hereby
authorized and empowered to fund its debt, by the issue
of its bonds, to an amount not exceeding seventy-five
thousand dollars, payable in twenty years, with the option
on the part of said company of paying the same in ten
years from their date ; such bonds to be issued and dated
within two montlis from the passage of this act, and to
bear interest at a rate not exceeding six per centum per
annum, payable semi-annually ; and may secure tlie same
by a mortgage of its assets.

Section 2. This act shall take effect upon its passage.

Aj^proved March 1, 1882.

1882. — Chapters 47. 48.

An Act to change

THE NAME OF THE
ORGAN COMPANY.

MASON AND HAMLIN CIlOp. 47

Be it enacted, etc., as folloivs:

Section 1. The corporate name of the Mason and Name changed.
Hamlin Organ Compan}^ organized under the general
laws of the Commonwealth, is hereby changed to the
Mason and Hamlin Organ and Piano Company.

Section 2. This act shall take effect upon its passage.

Approved March i, 1882.

An Act to establish harbor lines at east boston. Chap. 48

Be it enacted, etc., as follows:

Section 1. The lines hereinafter described shall be. Harbor lines
and the same hereby are, established as lines beyond East^Boston.
which no wharf or pier shall be extended into and over
the tide waters of the Commonwealth. Beginning at a
point A on the westerly side of Meridian street Bridge
and about sixty-three feet southerly from the draw, and
marked by a copper tack and an iron plate, in latitude
forty-two degrees, twenty-three minutes, six and two hun-
dred and thirty-three thousandths seconds, longitude sev-
enty-one degrees, two minutes, two and five hundred and
ninety-six thousandths seconds; thence straight south-
westerly eight hundred and seventeen and nine-tenths feet
to point B, in latitude forty-two degrees, twenty-three min-
utes, one and eight hundred and forty-seven thousandths
seconds, longitude seventy-one degrees, two minutes,
eleven and seven hundred and fifty thousandths seconds ;
thence straight more southerly eight hundred and eighty-
four and three-tenths feet to point C, near McKay's
Wharf, in latitude forty-two degrees, twenty-two minutes,
fifty-three and six hundred and sixty-three thousandths
seconds, longitude seventy-one degrees, two minutes, fif-
teen and eight hundred and seventy-five thousandths
seconds ; thence straight southerly and a little westerly
one thousand seven hundred and seventy-three and nine-
tenths feet to point D, the north-westerly corner of
Green's Wharf, in latitude forty-two degrees, twenty-two
minutes, thirty-six and one hundred and forty-four thou-
sandths seconds, longitude seventy-one degrees, two min-
utes, sixteen and five hundred and forty-one thousandths
seconds ; thence straight southerly and a little more west-
erly one thousand one hundred and twenty-three and four-
tenths feet to point E, nearly opposite Burnham's dry
dock, in latitude forty-two degrees, twenty-two minutes,

1882. — Chapter 49.

twent3'-five and two hundred and ten thousandths seconds,
longitude seventy-one degrees, two minutes, nineteen
and one hundred and nine thousandths seconds ; thence
straight south-westerly nine hundred and ninety-four and
seven-tenths feet to j)oint F, the north-westerly corner of
Mayo's south wharf, in latitude forty-two degrees, twenty-
two minutes, sixteen and four hundred and two thou-
sandths seconds, longitude seventy-one degrees, two min-
utes, twenty-four and nine hundred and eighty-seven
thousandths seconds ; thence southerly four hundred and
seventy-four and six-tenths feet on a curve of five hun-
dred and twelve and three-tenths feet radius, tangent at F
to the line EF, and curving easterl}^ to the point G, in
latitude forty-two degrees, twenty-two minutes, eleven
and eight hundred and seventy-nine thousandths seconds,
longitude seventy-one degrees, two minutes, twenty-four
and nine hundred and sixty-four thousandths seconds;
thence straight south-easterly, tangent at G to the curve
FG, two thousand five hundred and ninety-one and three-
tenths feet to the point H, near the Eastern Railroad and
Cunard Wharves, in latitude forty-two degrees, twenty-
one minutes, forty-nine and nineteen thousandths seconds,
longitude seventy-one degrees, two minutes, nine and four
hundred and twenty-one thousandths seconds ; thence
more easterl}^ along the front lines of the Cunard and
Grand Junction Wharves, one thousand and eighteen and
three-tenths feet to the point I, the south-easterly corner
of Pier four. Grand Junction Wharves, in latitude forty-
two degrees, twenty-one minutes, fortv-three and eight
hundred and eighty-eight thousandths seconds, longitude
seventy-one degrees, one minute, and fifty-seven and seven
hundred and fifty-three thousandths seconds.
Repeal. SECTION 2. All harbor lines heretofore established up-

on any part of the frontage covered by this act are hereby
repealed.

Section 3. This act shall take effect upon its passage.

Approved March i, 1SS2.

Chap. 49 An Act puoviding that when cukistmas day occurs on sun-
day TUB DAY FOLLOWING SHALL BE A LEGAL PUBLIC HOLI-
DAY.

Be it enacted, etc., as follows:

When Christmas day occurs on Sunday the following

day is hereby made a legal public holiday, to all intents
lowinKday to be ^^^([ purposcs, iu the sauic manner as Thanksgiving, Fast
a ega o uy. ^^^^ Christmas days, the twenty-second day of February,

When Christ,
mas occurs on
Sunday, tlic fol

1882. — Chapters 50, 51, 52.

the thirtieth clay of May, and the fourth day of July, are
now by law made public holidays.

Approved March i, 1882.

An Act to provide for publishing the names of the mem- Chan. 50

BERS OP BOARDS OF INVESTMENT OF SAVINGS BANKS AND
institutions FOR SAVINGS.

Be it enacted^ etc., as follows :

Section 1. The trustees of every savings bank and NameBofinvest-
institutiou for savings, incorporated under the authority plfwifliMihi"'^^
of this Commonwealth, shall cause to be published semi- newspaper,
annually in some newspaper published in the county in
■which such corporation is located, the names of the mem-
bers of the board of investment or other officers of such
corporation charged with the duty of investing its funds.
The first publication thereof shall be within thirty days of
the election of said of&cers and the second publication at
the expiration of six months therefrom.

Section 2. This act shall take effect upon its passage.

Approved March 9, 1882.

An Act to authorize the st. john's catholic total absti-
nence AND MUTUAL RELIEF SOCIETY TO HOLD ADDITIONAL
REAL AND PERSONAL ESTATE.

Be it enacted, etc., as foUoics :

Section 1. Section two of chapter two hundred and
forty of the acts of the 3'ear eighteen hundred and forty-
six is amended so that the St. John's Catholic Total Ab-
stinence and Mutual Relief Society is authorized to hold
real and personal estate to the amount of ten thousand
dollars for the purposes named in said act.

Section 2. This act shall take effect upon its passage.

Approved March 9, 1882.

An Act to authorize the home for aged women to hold
additional real and personal estate.

Be it enacted, etc., as follows:

Section 1. The Home for Aged Women in the city
of Boston, originally incorporated by chapter one hundred
and sixty-two of the acts of the year eighteen hundred
and forty-nine, is hereby authorized to hold real and per-
sonal estate to an amount not exceeding in all eight hun-
dred thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved March 9, 1882.

Chap. 5 1

May hold
additional real
and personal
estate.

Chap. 52

May hold
additional real
and personal
estate.

1882. — Chapters 53, 54.

Penalties for
taking lisli or
lobsters from
traps, trawls,
etc.

Gars to be snp-
plied with cer-
tain tools.

Chap. 53 An Act for the protection of traps, trawls and seines.
Be it enacted^ etc., as follows:

Section 1. Any person who shall take any fish or
lobster from any trap, trawl or seine set for catching fish
or lobsters, except by consent of the owner thereof, and
any person who shall wilfully molest or interfere with such
trap, trawl or seine, shall for the first offence be punished
by a fine of not less than five nor more than twenty-five
dollars, or by imprisonment for thirty clays, or by both fine
and imprisonment; and for any subsequent offence by a
fine of not less than twenty nor more than fifty dollars, or
by imprisonment for sixty days, or both fine and imprison-
ment.

Section 2. This act shall take effect forty days after
its passage. Approved March 11, 1882.

Chap. 54 An Act to amend chapter one hundred and twelve of the

PDBLIC STATUTES, REQUIRING RAILROAD CARS TO BE FURNISHED
WITH CERTAIN TOOLS, AND FOR FURTHER PROTECTION OF PAS-
SENGERS AGAINST FIRE.

Be it enacted, etc., as follows:

Section 1. Section one hundred and seventj'-one of
chapter one hundred and twelve of the Public Statutes is
hereby amended by striking out the words " and such
other tools and appliances as the board may direct," and
inserting in place thereof the following words : " and shall
also equip each car of every passenger train, owned or
regularly used by it, including mail and baggage cars, with
two sets of tools, consisting of an axe, a sledge-hammer, a
crowbar, hand-saw and pail. All such tools and appliances
shall be maintained in good condition for use in case of
accident, and shall be kept, one set upon the inside and
one upon the outside of each such car, in some convenient
place and manner approved by the board : provided, that
one set shall be sufficient if so placed as to be accessible
from both inside and outside such car."

Section 2. Chapter one hundred and twelve of the
Public Statutes is further amended b}' adding at the end
of section two hundred and five the following words:
" Whoever unlawfully uses, removes or tampers with an}"-
tools or appliances carried on the cars, as required by sec-
tion one hundred and seventy-one of this chapter, shall be
punished by fine not exceeding one hundred dollars, or by
imprisonment not exceeding three months, or by both fine
and imprisonment."
safcKimrdg Section 3. Evcrv drawing-room or sleeifingr car, pas-

agulnsl lire In JO i: G ' i

Proviso.

Penalties for
tampering with
tools.

1882. — Chapters 55, 56.

senger, baggage, mail, and express car, owned or regularly passenger cars,
used on any railroad in this Commonwealth, in which
heating apparatus may be placed, shall be provided with
such safeguards for protection against fire as may be ap-
proved in writing by the board of railroad commissioners.
An}"- corporation violating the provisions of this section
shall forfeit for each offence three hundred dollars. The
provisions of this section shall take effect the first day of
JNovember, one thousand eight hundred and eighty-two.

Section 4. The railroad commissioners shall have Railroad com-

., 1 ,. . • j,i • niissioners may

power to require railroad corporations to equip their cars require other
with such other appliances as in their judgment shall be J^ppUances.
deemed necessary for the further protection of life in all
passenger trains used in this Commonwealth.

Approved March 11, 1882.

An Act relating to the publication of notices of peti- Chap. 55

TIONS for partition OF LANDS.

Be it enacted, etc., as follows:

Section 1. Section fifty-one of chapter one hundred Amendment to
and seventy-eight of the Public Statutes is hereby amend-
ed by inserting before the word " newspapers," the words
" newspaper or."

Section 2. This act shall take effect upon its passage.

Approved March 11, 1882.

An Act to authorize the proprietous of the locks and Chap. 56

CANALS ON MERRIMACK RIVER TO DISCONTINUE A PART OF
THE "LOWER FREE LANDING" IN THE CITY OF LOWELL.

Be it enacted, etc., as follows:

Section 1. The second section of chapter one hun- Landing places
dred and thirly-two of the acts of the year eighteen hun- mackViver i"a
dred and thirty-five, being " An Act to regulate the toll
on Patucket Canal," is hereby so amended that the pro-
prietors of the locks and canals on Merrimack River shall
not be required by force thereof hereafter to maintain any
landing place below the "swamp locks" in the city of
Lowell, except that portion of the landing place known
as the "lower landing," which is described as follows, to
wit : — Beginning at the south-easterly corner of land of
the city of Lowell, and thence running south-westerly on
said land seventy-five feet ; thence at a right angle, south-
easterly to Patucket Canal ; thence north-easterly on said
canal seventy-five feet, and thence at a right angle north-
westerly to said land of the city of Lowell and the point
of beginning. But nothing in this act shall release said

the city of
Lowell.

1882. — Chapters 57, 58, 59.

Su'bject to
aesent by city
council.

Be-location of
passenger sta-
tion at Btocl^-
bridge.

corporation from any duty or obligation which it is now
under to maintain as a free landing that portion of said
"lower landing" which is above described, nor impose any
duty, obligation or liability not imposed by the first named
act.

Section 2. This act shall take effect when assented to
by the city council of the city of Lowell by concurrent
vote of the two branches thereof.

Approved March 11, 1882.

Chap. 57 An Act providing for the re-location of the depot at

STOCKBRIDGE, ON THE STOCKBRIDGE AND PITTSFIELD KAIL-
ROAD.

Be it enacted, etc. , as follows :

Section 1. The board of railroad commissioners is
hereby authorized, at any time prior to the twentieth day
of May in the year eighteen hundred and eighty-two, to
re-locate the passenger station at Stockbridge, which chap-
ter two hundred and twenty-eight of the acts of the year
eighteen hundred and eighty-one requires the Housatonic
Railroad Company to build. Said Housatonic Railroad
Company shall have thirty days' notice before tlie time of
such re-location, and an opportunity to be heard thereon.

Section 2. This act shall take effect upon its passage.

Approved March 11, 1882.

Chap. 58 An Act to authorize the county commissioners for the

COUNTY OF PLYMOUTH TO LAY OUT A HIGHWAY AND CON-
STRUCT A BlilDGE, ACROSS AN ARM OF THE SEA IN IIINGIIAM.

Be it enacted, etc., as follows:

Section 1. The county commissioners for the county
of Plymouth are hereby authorizetl and empoweied to lay
out a highway and construct a bridge across an arm of the
sea in the town of Hingham in said county between town
wharf, so called, and the wharf of James F. Clement.
Said commissioners in laying out and constructing said
road and bridge shall in all respects proceed as is now pro-
vided by law for laying out and constructing highways.

Section 2. This act shall take effect upon its passage.

Approved March 11, 1SS2.

Highway and
bridge across
an arm of tlie
sea in Uixigbam

LA SOCIETE FRANCO-BELGE

Chap. 59 An Act to change the name of

DE SECOURS MUTUELS ET DE BIENFAISANCE

Be it enacted, etc., as follows:
Name changed. SECTION 1. The name of "La Socidt^ Franco-Beige de
Secours Mutuels et de Bienfaisauce," a corporation existing

1882. — Chapters 60, 61. 51

under the general laws of the Commonwealth, is hereby-
changed to " La Prdvoyance, Soci^t^ de Secours Mutuels
de Langue Fran^aise."

Section 2. This act shall take effect upon its passage.

Approved March 11, 1882.

An Act to confirm the doings op the first dniversalist Chap. 60

SOCIETY IN ATTLEBOROUGH.

Be it enacted, etc., as follows:

Section 1. The proceedings of the First Universalist Proceedings
Society in Attleborough, incorporated by chapter one hun- '=°"*^''°*^<^-
dred and sixty of the acts of the year eighteen hundred
and seventeen, showing the following informalities ; —
First, That the annual meetings of the society have been
called by the clerk instead of the society committee, as
the statutes direct, no by-law on the subject having been
adopted; — Second, That the annual meetings have been
held in January instead of December, as the statutes pro-
vide ; — Third, That the records of said society do not
show that the officers thereof have always been sworn to
the faithful discharge of their duties, shall not be con-
strued as invalidating the legal organization of the society,
but its legal status is hereby fully established and con-
firmed notwithstanding these and any other similar infor-
malities.

Section 2. This act shall take effect upon its passage.

Approved March 11, 1882.

An Act to incorporate the trustees of the chapter of Chap. 61

THE CHI PSI fraternity IN WILLIAMS COLLEGE.

Be it enacted, etc., as follows:

Section 1. Edmund T. Davis, Marshall C. Hayes, corporators.
John S. Adriance, their associates and successors, are
made a corporation under the name of the " Trustees of Name and
the Chapter of the Chi Psi Fraternity in Williams Col- p"'p°'"-
lege," for the purpose of holding and managing the real
estate and personal property of the said chapter, with the
powers and privileges and subject to the duties, liabilities Powers and
and restrictions set forth in the general laws which now '^^"^*-
are or may hereafter be in force relating to such corpora-
tions.

Section 2. The said corporation is hereby authorized May hold
to hold meetings for the purposes mentioned in this act. New York!
in the city of New York, as well as in this Common-
wealth.

1882. — Chapters 62, 63.

May lease road
to Old Colony
Railroad.

Real and per- SECTION 3. The Said Corporation may receive, pur-

fiouai estate. chase, hold and convey real and personal property for the
uses of said chapter, provided, that the value of the real
estate so held at any time shall not exceed twenty thou-
sand dollars, and said property shall not be exempt from
taxation.

Section 4. This act shall take effect upon its passage.

Approved March 11 , 1882.

Chap. 62 An Act to authorize the fall river railroad company

TO lease its railroad, franchise and other PROPEKTy.

Be it enacted, etc., as follows:

Sectton 1. The Fall River Railroad Company is here-
by authorized to lease its railroad, franchise and other
property to the Old Colony Railroad Company upon such
terms and conditions as the parties may mutually agree
upon, and it may make and execute, by a vote of a major-
ity of the stockholders present and voting at a meeting
duly called for the purpose, a valid and binding lease
therefor.

Section 2. The Old Colony Railroad Company is
hereby authorized to secure the payment of the interest
upon the first mortgage bonds of said Fall River Railroad
Company as a part of the rental to be paid under said
lease, upon such terms and conditions as may be agreed
upon between the holders of said bonds and the said Old
Colony Railroad Company ; and the said Old Colony Rail-
road Company by a vote of its directors may also enter
into and bind itself by such lease, and may hire and hold
during the period thereof the railroad, franchise and other
property of the said Fall River Railroad Company.

Section 3. This act shall take effect upon its passage.

Approved March 11, 1882.

Chap. 63 An Act to establish the salary of the clerk of the

POLICE court of LOWELL.

Be it enacted, etc., as follows:
Baiaryofckik. The aiiuual salary of the clerk of the police court of
Lowell shall be twelve hundred dollars, from the first day
of January in the year eighteen hundred and eighty-two.

Approved March 11, IS 82.

Security for
payment of
interest upon
first mortgage
■bonds to be
part of rental.

1882. — Chapters 64, 65, 66.

Town may pay
a bounty to
Lyraaa H.
Chase.

An Act to authorize the town of essex to pay a bounty Chap. 64

TO LYMAN H. CHASE.

Be it enacted, etc., as follows:

Section 1. The town of Essex is hereby authorized
to raise a sum of money not exceeding one hundred and
twenty-five dollars and to pay the same as a bounty to
Lyman H. Chase, who re-enlisted and was credited to the
quota of said town under the call made by the president
of the United States on the seventeenth day of October
in the year eighteen hundred and sixty-three : provided,
that the said town shall not be re-imbursed by the Com-
monwealth for any money paid under authority of this act.

Section 2. This act shall take effect upon its passage.

Approved March 11, 1882.

An Act fok the protection of striped bass and bluefish Chap. 65

IN THE WATERS OF EDGARTOWN.

Be it enacted, etc., as follows:

Section 1. Whoever at any season of the year shall
set, stretch or draw any seine or net of any kind in any
of the waters of the town of Edgartown, excepting the
Oyster Pond, the Great Pond, and Job's Neck Pond, for
the purpose of taking or catching striped bass or bluefish,
shall forfeit the sum of one hundred dollars for each
offence.

Section 2. Whoever shall take or catch at any season
of the year in any of the waters of the town of Edgar-
town, excepting the ponds named in the preceding sec-
tion, any striped bass or bluefish, by means of any seine
or net of any kind, shall forfeit one dollar for each and
every fish so taken or caught.

Section 3. One-half of .the money recovered in any
case arising under this act shall be paid to the person
making the complaint and the remainder to the Common-
wealth.

Section 4. This act shall take effect upon its passage.

Approved March 11, 1882.

An Act to authorize the supreme council American legion Chap.

OF HONOR TO HOLD ITS ANNUAL MEETINGS WITHOUT THE
COMMONWEALTH .

Be it enacted, etc., as follows:

The Supreme Council American Legion of Honor may Mayhoid
hold its annual meeting in any state wherein a grand annual meeting
council of said association is established ; and its acts at
such meetings shall have the same effect as if done within
the Commonwealth. Approved March 11, 1882.

Penalty for set-
ting or drawing
seine or net for
striped bass or
bluefish.

Penalty for tak-
ing bluefish, etc.

Disposition
of money
recovered.

without the
state.

1882. — CHArxERs 67, 68.

May increase
capital stock.

Chap. 67 An Act to authorize an increase of the capital stock of

THE LOWELL HOSIERY COMPANY.

Be it enacted^ etc., as follows :

Section 1. The Lowell Hosiery Company is hereby
authorized to increase its capital stock by an amount which
together with the capital heretofore authorized shall not
exceed in the aggregate three hundred thousand dollars,
and to invest such increase in real and personal estate
necessary and convenient for carrying on the business of
said company.

Section 2. This act shall take effect upon its passage.

Approved March 11, 1882.

Chap. 68 An Act to incorporate the new England quick transit

STEAMSHIP company.

Corporators.

Name jind
purpose.

Powers and
duties.

May construct
ship yards, etc.

Capital stock
and shares.

Be it enacted, etc., as follows :

Section 1. Charles E. Moody, Henry Hastings, Thomas
H. Knowles, Irving A. Evans, James A. Penfield, Thomas
Dana, A. Perr}^ Bliven, Holmes M. Jernegan, J. Harley
Johnston, their associates and successors, are hereby made
a corporation by the name of the New England Quick
Transit Steamship Company, to be established in the city
of Boston for the purpose of building, chartering and sell-
ing vessels to be propelled by steam or other power, and
of transporting passengers and freight between Boston
and one or more foreign ports. Said corporation shall
possess all the powers and privileges and be subject to all
the duties, restrictions and liabilities set forth in chapters
one hundred and five and one hundred and six of the
Public Statutes, and in all general laws which now are or
hereafter may be in force relating to similar corporations
organized under the general laws of this Commonwealth,
so far as the same are applicable.

Section 2. Said corporation, subject to the general
laws, may purchase or construct and maintain such ship
yards, docks, wharves, elevators, warehouses and other
structures as may be necessary or convenient for its busi-
ness.

Section 3. The capital stock of said corporation shall
not be less than two million dollars and may be increased
from time to time by vote of the corporation to an amount
not exceeding five million dollars, and shall be divided
into shares of the par value of one hundred dollars each ;
but said corporation shall not begin its business until the
whole amount of the capital stock as then fixed shall have

1882. — CiiArTER 69.

been paid into its treasury and a certificate thereof filed
in the office of the secretary of the Commonwealth in the
manner and form required by sections forty-six, forty-seven
and forty-eight of chapter one hundred and six of the
Public Statutes.

Section 4. This act shall take effect upon its passage.

Approved March 11, 1882.

An Act to enable the south adams fire district to fur-
nish AN additional SUPPLY OF WATER.

Be it enacted, etc., as follows :

Section 1. The South Adams fire district is authorized
by and through its prudential committee, for the purpose
of furnishing an additional supply of water for the objects
mentioned in chapter one hundred and ninety-seven of
the acts of the year eighteen hundred and seventy-three,
to take and hold the water of Dry Brook, so called, in the
towns of Windsor, Cheshire and Adams, and the water
which may flow into or from said brook, and any water
rights connected therewith, and to convey said water to
and through the villages named in section one of said
chapter ; and said fire district may take and hold, by pur-
chase or otherwise, any land necessary for forming res-
ervoirs, and for laying and maintaining aqueducts for
conducting and distributing said water ; and may take
and hold any land on or near said brook, so far as may be
necessary for the preservation and purity of the water
therein.

Section 2. Said fire district shall be liable to pay all
damages to property sustained by any person or corporation
by the taking of any lands, water or water rights by said
fire district, or by the lajdng or maintaining of any aque-
ducts or other works for the purposes aforesaid. Any
person or corporation sustaining damages as aforesaid, and
unable to agree with said prudential committee upon the
amount of such damages, may have them assessed in the
manner provided by law with respect to land taken for
highways. Any person or corporation whose water rights
are thus taken or affected may apply as aforesaid within
two years from the time the water is actually withdrawn
or diverted, and not thereafter.

Section 3. For the purpose of defraying the expenses
which may be incurred by said fire district in carrying
into effect the powers granted by this act, the town of
Adams may issue from time to time notes, scrip, or cer-
tificates of debt, to be denominated on the face thereof

Chap. 69

May take -water
from Dry
Brook.

May take land
for reservoirs.

Liability for
damages.

Adams Water
Scrip not to ex-
ceed $-2u,ooo.

1882. — Chapter 70.

IntprcBt to be
p;iifi si'iiii-
aunually.

Town raay
assess taxes
for payment of
principal and
interest.

District to file
in registry of
deeds a descrip-
tion of the land
taken.

*' Adams Water Scrip," to an amount not exceeding twenty
thousand dollars, and bearing interest not exceeding six
per centum per annum. Said interest shall be payable semi-
annually, and the principal shall be payable not more than
twenty years from the issue of said notes, scrip, or certifi-
cates. All notes, scrip, or certificates issued as aforesaid
shall be signed by the treasurer of said town and counter-
signed by the chairman of the selectmen, and a record of
said notes, scrip, or certificates shall be made and kept by
the treasurer. The town of Adams may loan said notes,
scrip, or certificates to the said fire district, upon such
terms and conditions as may be prescribed by said town ;
and said fire district may sell the same or any part thereof,
or pledge the same for money borrowed for the purposes
aforesaid, upon such rates or upon such terms as the said
fire district shall deem proper.

Section 4. The town of Adams may assess and collect
upon the estates, real and personal, in said fire district, all
taxes necessary to pay the principal and interest of the
notes, scrip, and certificates issued and loaned as aforesaid.

Section 5. Said fire district shall, within six months
from the time of taking any lands, water or water rights,
as before provided, file in the registry of deeds for the
northern district of the county of Berkshire an accurate
description of the lands, water and water rights so taken ;
and said fire district shall, upon the written request of
any person whose lands are so taken, furnish him with an
accurate description of the same.

Section 6. The provisions of section ten of chapter
one hundred and ninety-seven of the acts of the year
eighteen hundred and sevent^'-three are hereby extended,
and shall apply to any lands, dams, and works taken,
erected, or maintained by said fire district under and by
virtue of this act.

Section 7. This act shall take effect upon its passage.

Approved March 11, 1S$2.

Chap. 70 An Act for layikg got a public park in the town of

QDINCV.

Be it enacted, etc., as follows :

Section 1. The inhabitants of the town of Quincy
may at any legal meeting called for the j)ur])Ose elect three
commissioners and prescribe their terms of office. Said
commissioners shall constitute a board of park commis-
sioners, and any vacancy occurring in said board shall be
To servo with- filled in such manner as the town may direct. Said com-
uaii^a?^^*"^' missioners shall serve without compensation.

Provisions of
1873, 110, § 1,
to apply.

Park commis-
Bioners to be
elected.

1882. — Chapter 70.

Section 2. Said board shall have power to locate
■within the limits of the town of Quincy one or more pub-
lic parks ; and for that purpose, from time to time, to take
and hold by purchase or otherwise any and all such lands,
except as hereinafter provided, as said board may deem
desirable therefor, or to take bonds for the conveyance
tliereof to said town ; to lay out, improve, govern and
regulate any snch park or parks ; to make rules for the
use and government thereof, and for breaches of such
rules to affix penalties not exceeding twenty dollars for
one offence, to be imposed by any court of competent
jurisdiction ; to appoint all necessary engineers, surveyors,
clerks and other officers, including a police force to act in
such parks : to define the powers and duties of such offi-
cers, and fix their compensation ; and generally to do
all needful acts for the proper execution of the powers
and duties granted to or imposed upon said town or said
board by this act : provided,, however^ that no land shall be
taken until an appropriation sufficient to cover the esti-
mated expense thereof shall have been made by a two-
thirds vote of the voters present and voting at a meeting
legally held ; and provided,, further ,, that no taking of lands
otherwise than by purchase shall be valid unless it is re-
ported to the town, filed, accepted and allowed, as pro-
vided by section seventy-one of chapter forty-nine of the
Public Statutes in the case of laying out town ways.

Section 8. Said board of commissioners are expressly
authorized to take in fee such portion or portions of land
left by the will of the late Ebenezer Woodward to the
said town of Quincy for the purposes therein mentioned,
as they shall be instructed to take by a two-thirds vote
of the voters of said town of Quincy present and voting
at a meeting legally held, and in that event the select-
men, town treasurer and town clerk of said town of
Quincy, as they are trustees under said will, shall convey
in fee to said commissioners such land as said commis-
sioners are instructed to take, and the inhabitants of
Quincy shall thereupon pay over to said trustees such a
sum of money as three appraisers, not being inhabitants
of said town, to be appointed by any justice of the su-
preme judicial court, may find to be the fair and reasona-
ble value of the land thus taken, which sum the said
trustees shall receive, hold and apply to the same uses
and trusts and for the same purposes to which such land
had been dedicated to by the said will of the late Eben-
ezer Woodward : provided^ that this act shall not authorize

May locate one
or more parks.

To appoint
engineers and
other officers.

Land not to be
taken until mon-
ey is appropri-
ated.

May take in fee
land left by will
of Ebenezer
Woodward.

Proviso.

1882. — Chapter 70.

To file in regis-
try of deeds a
description of
the laud talicn.

Estimation of
damages.

Liability for
damages.

Streets not to
be laid out In
park.

CommissionerB
to report
annually.

Subject to ac-
ceptance by
voters.

any proceeding which shall in any manner create a forfeit-
ure under the terms and conditions of said will.

Section 4. Said board shall, within sixty days after
the acceptance by the town of their report of the taking
of land under tliis act, file in the registry of deeds for the
county of Norfolk a description thereof sufficiently accu-
rate for identification.

Section 5. Said board shall, except as hereinbefore
provided, estimate and determine all damages sustained
by any persons by the taking of land or other acts of said
board in the execution of the powers vested in them under
this act ; but any person aggrieved by any such determina-
tion of said board may have his damages assessed as in
case of land taken for highways.

Section b. The fee of all lands taken or purchased
by said board under this act shall vest in the inhabitants
of the town of Quincy, and said town shall be liable to
pay all damages assessed or determined, as provided in the
preceding section, and all other costs and expenses in-
curred by said board in the execution of the powers vested
in them by this act. Said town shall also be authorized to
take and hold in trust or otherwise any devise, grant, gift
or bequest that may be made for the purpose of laying
out, improving or ornamenting any parks in said town.

Section 7. No street or way and no steam or horse
railroad shall be laid out over any portion of any park
located under this act, except at such places and in such
manner as said board shall approve.

Section 8. Said board shall, at the annual town meet-
ings and at such other times as the town may direct, make
report of its doings including a detailed statement of all
receipts, expenditures and liabilities.

Section 9. This act shall not take full effect unless
accepted by a majority of the legal voters of said town
present and voting thereon by ballot and using the check
list at a meeting which shall be held for that purpose dur-
ing the ensuing year. Said ballot shall be "3'es." or
" no," in answer to the question " Shall an act passed by
the legislature of the Commonwealth in the year eighteen
hundred and eighty-two, entitled ' An Act for laying out
a public park in the town of Quincy,' be accepted?"
Such meeting shall be called, notified and warned in the
same manner in which meetings for the election of town
officers are called, notified and warned ; and it shall be the
duty of the selectmen and town clerk to certify as soon as
may be to the secretary of the Commonwealth the number

1882. — Chapters 71, 72.

of ballots cast in favor of the acceptance of this act, and the
number cast against said acceptance ; and if it shall appear
tliat a majority of the ballots have been cast in favor of
such acceptance, the said secretary shall forthwith issue
and publish his certificate declaring this act to have been
duly accepted.

Section 10. So much of this act as authorizes and
directs the submission of the question of its acceptance to
the legal voters of the town of Quincy shall take effect
upon its passage. Approved March 11, 1882.

An Act to authorize the first parish in dorchester to Chap. 71

SELL certain REAL ESTATE.

Be it enacted, etc., as follows:

Section 1. The First Parish in Dorchester is hereby May seii real
authorized to sell at public or private sale, at such time or **'*'^'
times as it may choose and for such prices as it may see
fit, the whole or any part of the following described real
estate: — the "great wood lot," so called, situate in Mil-
ton in the county of Norfolk, containing sixty acres, one
quarter, and twenty-seven rods; the "gravel hole," so
called, situate in said Milton, containing one acre, one
quarter, and thirty-seven rods ; the " purgatory swamp,"
so called, in the Dorchester district of Boston in the county
of Suffolk, containing twelve acres, and thirty-two rods ;
the " Indian hill " lot, in said Dorchester district of said
Boston, containing seven acres, ten rods ; the " ministerial
meadow," so called, opposite the almshouse, in said Dor-
chester district of said Boston, containing two quarters,
thirty-eight rods. The treasurer of said parish for the
time being shall have authority to execute and deliver
deeds to convey the same in fee simple or otherwise.

Section 2. The proceeds of the sale of said lands
shall be permanently invested in such manner as the
standing committee of said parish shall direct ; and the
income arising therefrom shall be applied exclusively to
the support of the ministry in said parish.

Section 3. This act shall take effect upon its passage.

Approved March 11, 1882.

An Act to incorporate the south congregational ceme- Chap. 72

TERY association, IN THE TOWN OF DENNIS.

Be it enacted, etc., as follows:

Section 1. Miller W. Nickerson, Alvan Small, Howes Corporators.
Baker, Dr. C. M. Hulbert, Benjamin M. Nickerson, their
associates and successors, are hereby made a corporation

Investment of
proceeds of
Bale.

1882. — Chapter 73.

Powers and
duUes.

Organization of
corporation.

May hold real
and personal
estate.

Name and by the uaiiie of the South Congref^ational Cemetery Asso-

puipose. ciation, for the purpose of perfecting, controllmg and

improving the grounds set apart, used and known as the
South Congregational Burial Ground, and the South Con-
gregational Cemetery, situated and lying within one
enclosure in the southerly part of the town of Dennis in
the county of Barnstable ; and said corporation shall have
all the powers and privileges, and be subject to all the
duties, restrictions and liabilities set foi-th in the general
laws which now are or hereafter may be in force applicable
to similar corporations, except as is hereinafter provided.

Section 2. A majority in number and interest of the
proprietors of said burial ground and said cemetery, pres-
ent and voting at a meeting legally notified for such pur-
pose, may organize said corporation under this act.

Section 3. The said corporation may acquire by gift,
bequest, devise or purchase, and hold in fee simple, so
much real estate, and may also hold so much personal
property, as may be necessary for the objects connected
with and appropriate to the purposes of said corporation.

Section 4. This act shall take effect upon its passage.

Approved March 11^ 1882.

Chap. 73 An Act to provide for the testing of locomotive boilers.
Be it enacted, etc., as follows:

Section 1. The board of railroad commissioners shall
as soon as may be adopt, publish and communicate, to
every corporation or person operating a railroad or any
portion of a railroad in this Commonwealth, regulations
for testing the boilers of locomotives.

Section 2. After three months from the publication
of said regulations, any corporation or person using on a
railroad in this Commonwealth a locomotive the boiler of
which has not been tested as provided by said regulations
shall be liable to a penalty of twenty dollars for every day
of such use, to be recovered for the use of the Common-
wealth by fine imposed on complaint before any court or
magistrate of competent jurisdiction.

Section 3. Said board may from time to time revise
said regulations, and when such revision has been commu-
nicated to any corporation or person operating a railroad
or portion of a railroad in this Commonwealth it shall
liave the same effect as to such person or corporation as if
originally adopted by said board.
Boilers to be SECTION 4. Nothing in this act shall be construed to

te? mec'imlTic* authorizc thc appointment by the board of any person to

Locomotive
boilers to bo
tested.

Penalty for non-
compliance with
regulations.

Retrulations
may be revised,
etc.

1882. — Chapters 74, 75, 76. 61

test locomotive boilers. All the testing of such boilers of corporation
under the regulations of said board shall when possible be ^^i'''" p"'"*'^'«-
done by the master mechanic of the corporation, firm or
person constructing or repairing such boilers, or using
them on a railroad in this Commonwealth.

Approved March 16, 1882.

An Act relative to the preservation op check lists in QJigp^ 74

CITIES.

Be it enacted, etc., as foUoivs:

Section 1. Section twenty-nine of chapter seven of Preservation of
the Public Statutes is hereby amended by adding at the ciues.
end thereof the following words :

" And preserved in his custody for the same length of
time as is now required by law for the preservation of bal-
lots ; and as soon as may be thereafter he shall transmit
said lists to the board acting as a board of registrars of
voters for such city, and said board shall receive and
preserve the same on file."

Section 2. This act shall take effect upon its passage.

Approved March 16, 1882.

An Act to regulate sales under power of sale in mort- Chap. 75

GAGES.

Be it enacted, etc., as follows:

The seventeenth section of chapter one hundred and Publication of
eighty-one of the Public Statutes is hereby amended by under powtr of
inserting after the word "situated" in the tenth line
thereof, the words "and if no newspaper is published in
such city or town, then in some newspaper published in
the county where the mortgaged premises are situated."

Approved March 16, 1882.

An Act relating to personal estate subject to taxation. Chap. 76
Be it enacted, etc., as folloios:

Section 1. Section four of chapter eleven of the Pub- ^'^J^'^'^^'"^^' ^^^
lie Statutes is hereby amended in the sixth line by strik-
ing out the word "due," and inserting in place thereof
the words " or indebtedness."

Section 2. This act shall take effect upon its passage.

Approved March 16, 1882.

sale in mort-
gages.

1882. — Chapters 77, 78, 79.

Chap. 77 An Act to puovide fou the custody of books and papers

OF INSOLVENT SAVINGS BANKS.

Kecoivcrs to de-
posit books,
Cite, wllli com-
missioncrti ut
end ol a yi?ar
after scltlurncnt
ordered by
court.

Amendment to
1870, 16.

Be it enacted, etc., as follows:

Section 1. Receivers of insolvent savings banks and
institutions for savings shall, at the end of one year after
final settlement ordered by the court, deposit with the
commissioners of savings banks all books and papers of
such insolvent savings banks and institutions for savings,
including those relating to their receivership. And said
commissioners shall receive and hold the same in some
proper repository in the state iiouse.

Section 2. This act shall take effect upon its passage.

Approved March 16, 1882.

Chaj). 78 An Act to amend " an act to incorporate the boston

POLICE RELIEF ASSOCIATION," RELATIVE TO DEATH BENEFITS.

Be it enacted, etc. , as follows :

Section 1. Chapter sixteen of the acts of the year
eighteen hundred and seventy- six is hereby amended so
that the benefit to accrue by reason of the decease of
members of the Boston Police Relief Association, or their
wives, may be extended to such members as may be
retired under section five of chapter two hundred and
forty-four of the acts of the year eighteen hundred and
seventy-eight and the amendments to the same: provided,
that such retired members shall have no voice in the gov-
ernment of said association, shall comply with the by-laws
thereof, and shall receive no benefit from said association
for sickness or disability.

Section 2. This act shall take effect upon its passage.

Approved March 16, 1882.

Chap. 79 An Act to incorporate the baker and iioimon cemetery

ASSOCIATION, IN THE TOWN OF REIIOBOTH.

Be it enacted, etc., as follows:

Section 1. Nathaniel H. Ilorton, Levi Baker, Ange-
lina Baker, John Baker, Mary J. C. Baker, John A.
Davis, Melinda Davis, Mason Baker, Julia I. Baker, Lizzie
Z. Baker, Sarah A. Baker, Susan Baker, Mary A. Davis,
their associates and successors, are hereby made a corpo-
ration by the name of the Baker and Ilorton Cemetery
Association, for the ])urposes of establishing and maintain-
ing a place for the burial of the dead, to be located in the
town of Rehoboth in the county of Jiristol ; and said cor-
poration shall have all the powers and privileges, and be

Corporators.

Name and
purpuBe.

Powers und
duticM.

1882. — Chapter 80.

subject to all the duties, liabilities and restrictions of the
statutes applicable to similar corporations.

Section 2. Said corporation may hold real and per- Reaiandper-
sonal estate for the purposes aforesaid, not exceeding in '"^°'* "
amount the sum of five thousand dollars.

Section 3. This act shall take effect upon its passage.

Approved March 16, 1882.

An Act to authouize the union of the old colony rail- Chap. 80

ROAD COMPANY AND THE BOSTON, CLINTON, FITCHBURG AND
NEW BEDFORD RAILROAD COMPANY.

Be. it enacted, etc., as follows:

Section 1. The Old Colony Railroad Company is iiajiroads may
authorized to unite with the Boston, Clinton, Fitchburg
and New Bedford Railroad Company on such terms and
conditions and with such guarantees as may be mutually
agreed upon by said corporations at meetings of the stock-
holders thereof duly called for that purpose, and with this
view the former corporation is further authorized to pur-
chase and hold the stock of the latter corporation : pro-
vided, however, that the assent of the Boston, Clinton,
Fitchburg and New Bedford Railroad Company to such
union shall be given by a majority interest of the holders
of preferred stock, and a majority in interest of the hold-
ers of the common stock. The name of the united cor-
poration thus authorized shall be the Old Colony Railroad
Company, and said corporation shall have and enjoy all
the franchises, powers, privileges, property and rights of
every kind belonging to the Old Colony Railroad Com-
pany, now so called, and to the lioston, Clinton, FitchWurg
and New Bedford Railroad Com])any, or either of them,
and shall assume all the duties, debts and liabilities of said
corporations, and shall be subject to all general laws which
now are or hereafter may be in force relating to railroad
corporations.

Section 2. The Old Colony Railroad Company, after May issue
said union, may issue bonds under the mortgage dated
January first, eighteen hundred and eighty, made by tlie
lioston, Clinton, Fitchburg and New Bedford Railroad
Company, and ratified and confirmed by chapter seventy
of the acts of the year eighteen hundred and eighty,
in the same manner and to the same extent as the said
Boston, Clinton, Fitchburg and New Bedford Railroad
Company was therein authorized ; but the bonds and obli-
gations of said last named company which have been or
may be acquired or paid under the terms of said mort-

Name of united
corporation.

1882. — Chapter 81.

Capital stock.

Certificates of
votes for union
to be tiled, etc.

gage, and now are or may hereafter be in the possession
of the trustee under said mortgage, shall not be computed
as a part of the debt of said Old Colony Railroad Com-
pany under the provisions of law relating to the issue
of bonds or notes. The cajntal stock of the Old Colony
Railroad Company, upon said union, shall not exceed the
amount of the authorized capital stock of said two corpo-
rations; but it may, after said union, increase its capital
stock to twelve millions of dollars, the new stock to be
issued in accordance with existing laws, and the proceeds
thereof applied to the payment and reduction of its debt,
and to providing additional equipment and improvements
of its railroad and other property.

Section 3. Whenever said corporations shall vote to
unite as aforesaid, copies of the votes whereby such union
is assented to certified by the respective clerks of said
corporations shall be filed in the office of the secretary of
the Commonwealth, and also with the board of railroad
commissioners.

Section 4. This act shall take effect upon its passage.

Approved March 16, 1882.

Chap. 8 1 An Act to allow the new England trust company to make

ADDITIONAL INVESTMENTS.

Be it enacted, etc. , as follows :

Section 1. The New England Trust Company, incor-
porated under chapter one hundred eighty-two of the acts
of the year eighteen hundred and sixty-nine, may, in addi-
tion to the investments which it is now authorized to
make, invest the mone3^s intrusted to it,, or in any way
received by it, in the notes of manufacturing corporations
created by the laws of any of the New England states,
the property of which is unencumbered by mortgage, and
which have paid a dividend for the two years next preced-
ing such investment ; also to take as collateral upon the
notes of individuals, citizens of this state, for a period not
exceeding four months, the bonds of cities in the United
States containing at least one hundred thousand inhab-
itants, whose net indebtedness does not exceed five per
cent, of the valuation of the taxable property therein, to
be ascertained by the last preceding city valuation for
the assessment of taxes, and selling in the market above
par : provided, that said bonds shall be taken at not over
eighty per cent, of the market value thereof.

Section 2. This act shall take effect upon its accept-
ance by the New England Trust Company.

Approved March 16, 1882.

[Acccptea April 10, ISSJ.J

May make
additional
inveutmenta.

1882. — Chapters 82, 83, 84.

Chap. 82

Time for organ-
ization ex-
ttnded.

An Act allowing the somerville whauf and improvement
company further time to organize.

Be it enacted, etc., as foUoivs :

Section 1. The Somerville Wharf and Improvement
Company, incorporated by chapter one hundred and forty-
seven -of the acts of the year eighteen hundred and eighty,
may organize under said act at any time within one year
from the passage of this act.

Section 2. This act shall take effect upon its passage.

Approved March 16, 1882.

An Act to change the corporate name of the old colony Chap. 83

AND HINGHAM steamboat COMPANY.

Be it enacted, etc., as follows:

Section 1. The corporate name of the Old Colony Name changed,
and Hingham Steamboat Company, incorporated under
the general laws of the Commonwealth, is changed to the
Hingham, Hull and Downer Landing Steamboat Company.

Section 2. This act shall take effect upon its passage.

Approved March 16, 1882.

An Act to authorize the city of fall river to lay out
and construct a street or way in and through the
brightman burial ground.

Be it enacted, etc., as follows:

Section 1. The city of Fall River is hereby author-
ized to lay out and construct the street or way known as
Benefit Street in and through the private burial ground
known as the Brightman burial ground and situated at
and around the intersection of said Benefit Street, as pro-
posed to be laid out, and Border City Street : provided,
that no burial lot in which are buried the remains of the
dead shall be entered upon under the provisions of this
act until such remains shall have been removed to some
other cemetery and duly interred therein, with all head-
stones as they now exist transferred so as to mark their
appropriate graves, without expense to the owner of or
persons interested in such burial lot.

Section 2. Said city shall be liable, to the owners of
and all parties interested in said burial lot, to pay all dam-
ages sustained in their property by the taking of any lands
under the provisions of the preceding section. If said
owners or any party interested as aforesaid cannot agree
with the city upon the amount of said damages they or he
may have said damages assessed in the same manner as is

Chap. 84

City may lay
out street
through a
burial ground.

Liability for
damages.

1882. — Chapters 85, 86.

Relieved from
making returns
to the secretary
of the Common-
wealth.

provided in case of taking land for highways : provided.

that any application for a jury to assess said damages shall

be made within one year after said damages are sustained.

Section 3. This act shall take effect upon its passage.

Approved March 16, 1882.

Chap. 85 An Act to relieve the Massachusetts hospital life insur-
ance COMPANY FROM MAKING CERTAIN UETUKNS TO THE SEC-
RETARY OF THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section 1. Section eleven of chapter one hundred and
eighty of the acts of the year eighteen hundred and seven-
teen, being "An Act to incorporate the Massachusetts
Hospital Life Insurance Compan}-," is amended by striking
out near the beginning of the section the following words:

"It shall be the duty of the directors of the corpo-
ration hereby created, once in each year, to make a full,
fair and explicit statement of all their real estate, funds
and investments of every kind whatever, which shall be
subscribed and verified by the oath of a majority of the
directors; and on or before the tenth day of January,
annually, to deliver the same to the secretary of the Com-
monwealth, who shall cause the same to be laid before the
governor and council and."

Section 2. This act shall take effect upon its accept-
ance by the Massachusetts Hospital Life Insurance Com-
pany. Approved 3 f arch 16, 1882.

Chap. 86 An Act to incorporate the peabodt institute of danvers.

CorporatorB.

Name.

ProvlBO.

Be it enacted, etc., as follows:

Section 1. Samuel P. Fowler, Daniel Richards, Joshua
Silvester, Francis Peabody, and their associates, trustees
of the Peabody Institute of Danvers, and their successors
in office, are hereby made a corporation by the name of
the Peabody Institute of Danvers, with all' the powers
and privileges, and subject to all the duties, liabilities and
restrictions set forth iit the general laws relating to similar
corporations : provided, however, that it shall not be neces-
sary for said corporation to organize in the method, or to
give the notice, and hold the first meeting prescribed by
statute; but the present trustees of the Peabody Institute,
and their successors to be chosen by the legal voters of the
town of Danvers in the manner heretofore jnestribed and
used, shall constitute and be said corporation, and shall
proceed to act and to fulfil their duties under their present

1882. — Chapters 87,- 88.

organization, and according to such rules and regulations
as now exist, or may be hereafter legally established.

Section 2. Said corporation shall hold all the funds To how funds,
of said Peabody Institute, including their lands and build-
ings, stocks, bonds and other securities, and such other real
and personal estate as may accrue to or for the benefit of
said institute by gift, grant, or otherwise, for the purposes
declared and upon the conditions imposed by George
Peabody the founder of said institute, and shall apply the
same in the way and manner indicated by him, and as ac-
cepted and determined by the town of Dan vers at a town
meeting held on the twenty-eighth day of June in the
year eighteen hundred and fifty-two, or as may have been
since or may hereafter be prescribed by the town of Dan-
vers, so far as the same may be in accordance with the
expressed views of said founder, and for no other purpose
whatever : provided^ however^ that the whole amount of Proviso,
the aforesaid funds, together with such real and personal
estate as may be added thereto, shall not exceed three
hundred thousand dollars.

Section 3. This act shall take effect upon its passage.

Approved March 16, 1882.

An Act to establish the salary of the clerk of the Chap, 87

FIRST DISTRICT COCRT OF EASTERN MIDDLESEX.

Be it enacted, etc., as folloios:

The annual salary of the clerk of the first district court salary of cierk.
of Eastern Middlesex shall be one thousand dollars from
the first day of January in the year eighteen hundred and
eighty -two. Approved March 16, 1882.

An Act relating to the location and construction of Chap. 88

TRACKS OF THE LYNN AND BOSTON RAILROAD COMPANY.

Be it enacted, etc. , as folloios :

Section 1. Section four of chapter one hundred and Location of
fifty-two of the acts of the year eighteen hundred and
eighty-one is hereby amended by striking out at the
end thereof the following words, " But no track shall be
located or constructed from Lynn into Swampscott farther
than Mudge's Square in said Swampscott; and the time
for locating and constructing in Peabody and Everett is
limited to two years from the passage of this act."

Section 2. This act shall take effect upon its passage.

Approved March 16, 1882.'

1882. — Chapter 89.

Channel may
be altered,
etraigbtened,
etc.

Chap. 89 An Act to authorize the defining and improvement

OF THE CHANNEL OF MERRIMACK RIVER IN THE CITY OF
LOWELL.

Be it enacted^ etc., as follows:

Section 1. To facilitate the construction and for the
greater safety and convenience of highways and bridges
across Merrimack River, and for the purpose of improving
the navigation and Avater power of said river, the city of
Lowell, the proprietors of the locks and canals on Merri-
mack River, the Lawrence Manufacturing Company, the
Merrimack Manufacturing Company, the Boott Cotton
Mills, and the Massachusetts Cotton Mills are authorized
and empowered to alter, straighten, deepen, remove ob-
structions from, and by their unanimous agreement define,
establish and fix the boundaries of the bed and channel of
said river within said city between the mouth of Beaver
Brook and the easterly line of the public landing on the
northerly side of said river, and the mouth of Concord
River and westerly line of the public landing on the
southerly side of said Merrimack River. Whenever said
boundaries shall be so defined and fixed, the owners of
lands abutting on said Merrimack River may construct
and maintain walls and embankments thereon, and fill up,
occupy and improve such lands to such boundaries. The
city of Lowell for the purpose of constructing and main-
taining highways, town ways and bridges which heretofore
have been or hereafter shall be duly laid out or estab-
lished to or across said Merrimack River, may construct
and maintain abutments and embankments therefor to said
boundaries, and suitable piers within the bed or channel so
defined and fixed as herein authorized. All such walls,
abutments, embankments or other works constructed or
maintained under authority of this act, shall have suitable
openings or culverts therein to permit the flowing into said
Merrimack River of all water courses, sewers and drains
now lawfully emptying into said river within the limits
above described.

Section 2. Before any wall, abutment, embankment
or other work shall be constructed under authority of this
act, said city and corporations shall cause a certificate set-
ting forth and describing the boundaries of said bed and
channel, defined and fixed as herein authorized, signed by
tiie mayor of said city and the president or treasurer of
each of said corporations to be recorded in the registry
of deeds for the northern district of the county of Mid-
dlesex, and also cause a map delineating such bounda-

Certificates
describing
bonndarioa,
channel, etc.,
to be filed be-
fore work is
coiuinenced.

1882. — Chapter 89.

ries upon a scale of not less than one hundred feet to the
inch, signed in like manner as said certificate, to be filed
in said registry.

Section 3. Any person whose property may be dam- Estimation and
aged by the exercise or carrying into effect of the powers damages."^
or rights conferred by the first section of this act, except
by the construction or maintenance of piers in said bed or
channel, may have the amount of such damage deter-
mined and may recover the same of said city and corpo-
rations in the manner provided in chapter one hundred
and twelve of the Public Statutes for the estimation
and recovery of damages occasioned by the laying out,
construction and maintenance of railroads : provided^ the Proviso,
application for the estimation of such damages shall be
made within three years after the recording of the certifi-
cate and filing of the plan required by section two ; but
no person shall be entitled to recover damages under this
act on account of any act or thing which said cit\^ or cor-
porations or any or either of them would have a right to
do without liability to such person for damages occa-
sioned thereby, if this act had not been passed. In esti-
mating the damages allowance by way of set-off shall be
made for any benefit to the property of such person by
any deepening, widening or straightening of the bed or
channel of said Merrimack River, or removing of obstruc-
tions therefrom by said city and corporations or any of
them, as well as for any other benefit that shall have
resulted to the property of such person by the carrying
into effect of any of the powers granted by this act after
this act shall take effect and before the final determina-
tion of such damages.

Section 4. All expenses that shall be incurred by said Payment of
city and corporations or either of them in carrying into •'^p'^"®®^-
effect and exercising the powers and rights granted by
this act, and in ascertaining and satisfying the damages
thereby to property of any person, shall be paid by said
city and corporations respectively in such proportions as
shall be agreed between them. Said city and corporations
may make such contracts between themselves for carrying
into effect the powers hereby granted and the prevention
and removal of obstructions in said Merrimack River and
paj'ment of the expenses thereof, as they may deem expe-
dient, and the performance and observance thereof by
them respectively may be enforced by suitable proceed-
ings at law or in equity by the supreme judicial court:
provided, such contract shall be in writing and recorded

1882. — Chapter 90.

Rights of the
cUy not im-
paired.

Subject to
acceptance.

in the same registry and at the same time as the certifi-
cate required by section two.

Section 5. This act shall not impair any right which
the city of Lowell now has to lay out, construct or main-
tain any highway, townway or bridge to or across said
Merrimack River ; nor shall it affect the riglit or remedy
of any person for damage occasioned by the laying out,
construction or maintenance of any highway, townway or
bridge, except for damages occasioned by the construc-
tion or maintenance of abutments or embankments there-
for under authority of this act and for which remedy is
herein specially provided.

Section 6. This act shall be void unless accepted by
the city council of said city, and by eacli of said cor-
porations by vote of their respective boards of directors,
within six months after the passage hereof.

Approved March 17, 1882.

Chap. 90 An Act to incorporate the white's ferry bridge company.

Be it enacted, etc., as foUoius :

Section 1. Benjamin J. Greeley, John P. Newell,
Charles E. Jackson, their associates and successoi's, are
made a corporation by the name of the White's Ferry
Bridge Company, for the purpose of constructing and
maintaining a pile bridge across North River between the
towns of Marshfield and Scituate, at or near the easterly
terminus of Sea Street in White's Ferry village in said
town of Marshfield.

Corporators.

Name and
purpose.

Bridge to be at
least twenty
feet wide.

Proviso.

Real and per-
sonal estate.

Section 2. Such bridge shall be well built of suitable
materials, shall be at least twenty feet wide and floored
with planks, shall have sufficient railings on each side,
shall have a suitable draw for the passage of vessels, and
shall be kept in good repair at all times: provided, hoicever,
that any structure built under this act shall be subject to
the supervision and approval of the board of harbor and
land commissioners as provided in section eight of chapter
nineteen of the Public Statutes.

Section 3. Said corporation may pinchase and hold
such real and personal estate as may be necessary and
proper for the purposes of this act, and shall have all the
powers and privileges except the right to collect tolls, and
be subject to all the duties, liabilities and lesirictions set
forth in the general laws whicli now are or hereafter may
be in force relating to such corporations. The cajiital
stock of said corporation shall not exceed in amount ten
thousand dollars.

1882. — Chapters 91, 92.

Section 4. If said corporation neglects for the period Bridge to be
of five years from the passage of this act to build and five years.
finish such bridge, then this act shall be void.

Section 5. This act shall take effect upon its passage.

Approved March 17, 1882.

An Act relating to the ocean terminal railroad, dock, and Chap. 91

ELEVATOR COMPANY.

Be it enacted^ etc., as follows :

Section 1. The time within which the Ocean Terrai- Time extended
nal Railroad, Dock, and Elevator Company may agree up'on^condmons
with the Mystic River Corporation and the Ocean Termi- of purchase,
nal Raih'oad Company upon the terms and conditions of
the purchase of lands and other property belonging to the
latter named corporations, as provided in section four of
chapter two hundred and thirty-nine of the acts of the
year eighteen hundred and eighty-one, is hereby extended
one year, and until the sixth day of May in the year eigh-
teen hundred and eighty-three.

Section 2. In case said Ocean Terminal Railroad, Beitgaiiery
Dock, and Elevator Company shall locate and build a B^rWge Ivenue.
grain elevator on the north-westerly side of Chelsea
Bridge Avenue, so called, in the city of Boston, said
company is hereby authorized to construct and maintain,
with the consent of the board of aldermen of the cit}^ of
Boston, a belt gallery over said avenue, in order that grain
may be conveyed through said gallery to vessels lying in
the docks on the south-easterly side of said avenue.

Section 3. This act shall take effect upon its passage.

Approved March 18, 1882.

An Act to authorize the town of adams to appropriate Chai). 92

MONEY FOR THE PAYMENT OP EXPENSES INCURRED IN THE DIVIS-
ION OF SAID TOWN.

Be it enacted, etc., as follows:

Section 1. The town of Adams is authorized to raise May raise

1 . . /. , T • 1 money for ex-

and appropriate a sum or money, not exceeding six hun- penses incmred
dred dollars, for the payment of expenses incurred in Jegi's'iationTor
obtaining legislation creating the town of North Adams
out of the territory of said town of Adams, under chapter
one hundred and forty-three of the acts of the year eigh-
teen hundred and seventy-eight.

Section 2. This act shall take effect upon its passage.

Approved March 18, 1882.

di^'ision of
town.

1882. — Chaiters 93, 94.

May pay cer-
tain bounties
to BoldierB.

Chap. 93 An Act to authorize the town of acton to pay certain

BOUNTIES.

Be it enacted^ etc. , as follows :

Section 1. The town of Acton is authorized, in the
manner provided in section two of this act, to raise by
taxation a sum of money not exceeding four thousand
dollars and appropriate the same to the payment of a
bounty of one hundred and twenty-five dollars to each
soldier, and the legal representatives of each deceased sol-
dier, who re-enlisted as a veteran in the twenty-sixth regi-
ment of Massachusetts volunteers under the call of the
president dated October seventeenth eighteen hundred
and sixty-three, who was credited to said town and has
never received therefrom any bounty for such re-enlist-
ment : provided., that said town shall not be re-imbursed
by the Commonwealth for any money paid under the
authority of this act.

Section 2. The selectmen of said town shall insert in
the warrant for the annual meeting in April in the year
eighteen hundred and eighty-two an article providing
that a vote shall be taken on the question of laising such
money and appropriating the same to the payment of
such bounties. In voting upon tlie question the check
list shall be used, and the polls shall be kept open at least
four hours. The vote shall be by ballot, and ballots shall
be "Yes," or "No," in answer to the question, "Will
the town pay a bounty of one hundred and twenty-five
dollars to each soldier, and the legal representatives of
each deceased soldier, avIio re-enlisted as a veteran in the
twenty-sixth regiment of Massachusetts volunteers under
the call of the president dated October seventeenth eigh-
teen hundred and sixty-three, who Avas credited to the
town and has never received any bounty therefrom for
such re-enlistment; and raise by taxation the sum of four
thousand dollars for, and appropriate the same to, the
payment of said bounties ? "

Section 3. This act shall take effect upon its passage.

Approved March 20, 1SS2.

Subject to ac-
ceptance by
the town.

Chap. 94 An Act to prevent disc rimination in freight rates ry rail-
road CORPORATIONS.

No (lincrlmina-
tloii to be miije
in ctiurges for
freight.

Beit enacted, etc., as follows :

Section 1. No railroad corporation sliall discriminate
in charges for the transportation of freight against or in
favor of any person, firm or corporation, or demand or

1882. — Chapters 95, 96, 97.

accept from any person, firm or corporation, for the trans-
portation of freight, a higher or lower rate, or demand or
grant terms more or less favorable, than those demanded
or accepted from any other person, firm or corporation for
like service.

Section 2. Any railroad corporation violating the pro- Penalty for
visions of this act shall, in addition to lial)ility for all
damages sustained by reason of such violation, be liable
to the penalty provided by section one hundred and nine-
ty-one of chapter one hundred and twelve of the Public
Statutes. Approved March 21, 1882.

Filing of bonds
in appeals in
civil cases.

An Act coxcerning appeals in the police, district and muni- Chap. 95

CIPAL COURTS IN CIVIL CASES.

Be it enacted, etc., as follows:

Section 1. The provisions of section fifty-two of
chapter one hundred and fifty-four of the Public Statutes,
relating to the filing of bonds by parties appealing in civil
proceedings in the municipal courts of the city of Boston
and the execution thereof by attorneys of record, shall
apply to the several municipal, police and district courts
in the Commonwealth.

Section 2. This act shall take effect upon its passage.

Approved March 21, 1882.

An Act fixing the compensation of officers in attendance Chap. 96
UPON sheriffs' juries.

Be it enacted, etc., as follows:

Section 1. An officer in attendance upon a sheriff's compensation,
jury shall receive four dollars for each day he attends
upon them.

Section 2. All acts and parts of acts inconsistent Repeal,
with the provisons of this act are hereby repealed.

Section 3. This act shall take effect upon its passage.

Approved March 21, 1882.

An Act to provide for the instruction and exercise of a Chap. 97

PORTION of the volunteer MILITIA IN THE MANUAL AND DRILL
OF HEAVY ARTILLERY.

Be it enacted, etc., as follows :

Section twenty-three of chapter fourteen of the Public Portion of the

Statutes is hereby amended by adding to said section the dri'i'ied a°8 heavy

following words : "one regiment or more of which, at the art'i'^ry-

1882. — Chapters 98, 99.

discretion of the commander-in-chief, shall be trained,
instructed and exercised in the manual and drill of heavy
artillery." AjJproved March 21, 1882.

Penalty for
catching in
July female
lobster bear
eggs.

Chap. 98 An Act to provide for the preservation of lobsters.

Be it enacted, etc., as follows :

Section 1. Section eighty-one of chapter ninety-one
of the Public Statutes is hereby amended to read as
follows: — "Section 81. Whoever during the month
of July in any year catches or takes from any of the

'"s waters of this Commonwealth any female lobster bear-
ing eggs, shall be punished for each offence by a fine
of not less than ten nor more than one hundred dol-
lars, or by imprisonment in the house of correction for
not less than one nor more than three months ; but a
person catching or taking any such lobster during said
month of July, and immediately returning it alive to the
waters from which it was taken, shall not be subject to
such penalty."

Section 2. Section eighty-two of chapter ninety-one
of the Public Statutes is hereby amended to read as

sell- follows : — " Section 82. Whoever during the month
of July in any year sells or has in his possession with
intent to sell, any female lobster bearing eggs, taken
in this Commonwealth, shall forfeit for each offence a sum
not less than ten nor more than fifty dollars."

Section 3. This act shall take effect upon its passage.

Approved March 21, 1882.

Penalty for
ing, etc.

Chap. 99 An Act to extend the time for the organization of the

katama land company.

Be it enacted, etc., as follows:

Section 1. The time for the organization of the Ka-
tama Land Company, under chapter one hundred and
fifty-five of the acts of the year eighteen hundred and
seventj'-two, is hereby extended to the first day of July
in the year eighteen hundred and eight3'^-t\vo : provided.,
that said corporation when organized shall not thereby
ac(|uire any right of action ui)on any subscription to its
capital stock, unless made subsequent to the passage of
this act.

Section 2. This act shall take effect upon its passage.

Approved March 21, 1882.

Time for or-
ganization
extended.

Proviso.

1882. — Chapters 100, 101, 102.

An Act concerning the veteran association of the inde- ChajJ. 100

PENDENT CORPS OP CADETS.

Be it enacted, etc., as follows :

Section 1. The Veteran Association of the Independ-
ent Corps of Cadets, incorporated by chapter eight of
the acts of the year eighteen hundred and seventy -seven,
may hold real and personal estate to an amount not
exceeding two hundred and fifty thousand dollars.

Section 2. The real estate now held or hereafter
acquired by said corporation, so long as and to the extent
that the same shall be used by the active volunteer militia
organization designated by law as the First Corps of
Cadets and its successors in accordance with the laws
which now are or hereafter shall be in force relating to
the militia, shall be exempt from taxation.

Section 3. All acts and parts of acts inconsistent
with the provisions of this act are hereby repealed.

Approved March 21, 1882.

Real and per-
sona! estate not
to exceed

$250,000.

Portion of real
estate to be ex-
empt from
taxation.

Repeal.

An Act to authorize the city ot boston to permit the erec- Chap. 101

TION OF certain FRAME OR WOODEN BUILDINGS WITHIN THE
building LIMITS OF SAID CITY.

Be it enacted, etc., as folloivs :

The city council of the city of Boston may authorize May erect cer-
the erection of frame or wooden buildings for market buiidinj;* within
purposes within the building limits of said city, upon the ifmus^onhl
conditions, that such buildings shall not exceed twenty- *=''y-
seven feet in height, that all external parts thereof shall
be covered with iron or other non-combustible material,
and that the material used and the mode of erection shall
be approved by the inspector of buildings of said city.

Approved March 21, 1882.

An Act concerning the fisheries in great pond and job's Chap. 102

NECK pond in the TOWN OF EDGARTOWN.

Be it enacted, etc., as follows :

Section 1. The lessees holding from the commissioners Lessees may
on inland fisheries a lease of Great Pond and Job's Neck au-lvi^s ax any
Pond, in the town of Edgartown, may take smelts and "'^''•
alewives from said ponds and from the ditches connecting
them with each other and with the ocean, at all seasons
of the year and without restrictions as to days.

Section 2. Whoever other than said lessees takes any Peiiaityfor
fish, except eels, from either of said ponds or ditches, out'ilrn^issToL'

1882. — Chapter 103.

Harbor line

e»t;iblished
in Gloucester
harbor.

without the permission in writing of said lessees first ob-
tained, shall foifeit one dollar for each fish so taken, and
shall also forfeit any boat, net, line, rod or other apparatus
used in such taking in accordance with the provisions
of chapter one hundred and ninety-four of the Public
Statutes. Api)roved March 21, 1882.

Chap, 103 An Act to change a portion of the harbor line in Glouces-
ter HARBOR.

Be it enacted, etc., as follows:

Section 1. The following described line is established
as a portion of the harbor line bej'ond which no wharf or
pier shall be extended into and over the tide-waters of the
Commonwealth: — The line begins at a point in the pres-
ent harbor line, distant four hundred and twentj-five feet
north-westerly from monument C, being a granite post
and marked as monument C on the map of the commis-
sioneis on harbors and flats, dated October, eighteen
hundred and sixty-five, said point being also the south-
westerly corner of Shute and Merchant's wharf at East
Gloucester ; and thence said line runs south-westerly in a
straight line a distance of one hundred and fift3^-five feet
to a point four hundi-ed and seventy feet from said monu-
ment C ; thence southerly in a straight line eight hundred
feet to a point on the line of the northerly side of the
wharf belonging to Samuel Haskell, extended, and dis-
tant eighty-five feet from the present liarbor line; thence
south-westerly in a straight line two hundred and forty-
eight feet to a point six hundied and eighteen feet distant
from the north-east corner of the building formerl}^ known
as engine house number six in East Gloucester, and one
hundred feet distant from the present harbor line; thence
soutli-westerly in a straight line about eleven liundred
and forty feet to a point five hundred and thirty-two
feet distant westerly from monument D, as sliown upon
the aforesaid map, which point is also the most westerly
corner of the wharf belonging to William Parsons, second,
and Company.

Section 2. The harbor line heretofore established
upon that part of the harbor frontage covered by this act
is superseded by the harbor line hereb}' establislied.

Section 3. This act shall take effect upon its passage.

Approved March 21, 1882.

Por;ion of
for ner Une
supordeded.

1882. — Chapters 104, 105.

Reconptruction
of bridge by
the county
commissioners.

Commissioners
after notice and
hearing to ap-
portion ex-
pense.

An Act to provide for the reconstruction of a part of Chap. 104

ESSEX MERRIMACK BRIDGE.

Be it enacted^ etc., as follows :

Section 1. The county commissioners for the county of
Essex are hereby authorized and required, as soon as may
be after the passage of this act, to reconstruct or build
anew, subject to the approval of the board of harbor and
land commissioners, that part of the Essex Merrimack
Bridge which lies between Deer Island and the northern
shore of the Merrimack River in the town of Salisbury,
including a suitable draw not less than fifty feet wide and
pier approaches thereto; and the said county commission-
ers are hereby authorized to hire such sums of money as
may be necessary to comply with the provisions of this act.

Section 2. The said county commissioners shall, after
due notice to all parties interested and after a hearing of
all such parties, proceed to determine what cities and towns
in said county receive particular and special benefit from
the use of said bridge and draw, to apportion and assess
upon said county and said cities and towns such an amount
as they shall deem equitable and just for the cost of recon-
structing said bridge and draw. Said county commission-
ers shall also determine what proportion said county and
said cities and towns shall pay annually for the cost of
repairs and maintenance of said bridge and draw.

Section 3. The treasurer of the city or town having
the care of the draw and repairs of said bridge, and paying
for said service out of the treasury of such city or town,
shall make a sworn statement to the said county commis-
sioners of the annual expense thereof on or before the first
day of January in each year; and the said county commis-
sioners shall pay out of the treasury of said county to such
city or town, after deducting its proportion of the annual
expense, the balance which may be clue.

Section 4. This act shall take effect upon its passage.

Approved March 22, 1882.

Expenses of
care of draw
and of repairs
upon bridge.

An Act relating to the ditching of south beach in the Chap. 105
town of edgartown.

Be it enacted, etc., as follows:

Section 1. Section two of chapter seventy-five of the Amendment to
acts of the year eighteen hundred and eighty-one is hereby
so amended as not to require that the commissioners pro-
vided for in said section shall be disinterested persons.

Section 2. This act shall take effect upon its passage.

Approved March 22, 1882.

1881, 75, § 2.

1882. — Chapter 106.

Taxation of for-
eign ruining,
quarrying and
oil companies.

Chap. 106 A.N Act in relation to the taxation of foreign mining,

QUARRYING AND OIL COMPANIES.

Be it enacted, etc., as follows:

Section 1. Every corporation, company or association
chartered or organized by authority other than that of this
Commonwealth for the purpose of engaging without the
limits of this Commonwealth in the business of coal mining
(5r other mining, of quarrying, or extracting carbonaceous
oils from the earth, or of purchasing or holding mines or
lands without the said limits, which shall for any period
exceeding ten days establish, set up, have, or keep princi-
pal or branch subscription, treasury, or transfer office or
agency within this Commonwealth, shall within thirty days
after the setting up or establishment of such office or
agency make and return to the secretary of the Common-
wealth a certificate in manner and form to be approved by
the commissioner of corporations, and signed and sworn
to by its president, treasurer and a majority of its board of
directors or trustees, setting forth the name of such cor-
poration, company or association, the name of the state,
territory, or foreign country under wliose laws it is organ-
ized and whether specially chartered, or organized under
the general laws theieof, its location in such state, territory
or country, the location of its mines, quarries, oil wells, or
lands, and the amount of its capital stock authorized by
its charter or organization and the amount thereof actually
called in by assessment or instalment, the place or places
within this Commonwealth in which its office or offices are
established or set up, and the names and residences of all
those of its officers, directors, trustees and agents, who are
citizens or residents of this Commonwealth. Such cor-
poration, company or association shall also in said return
designate, by his proper name and address, one of said
officers oi- agents, a citizen or resident of this Common-
wealth, as the attorney upon whom service maj'' be made
of all process against such corporation, company or associa-
tion in this Commonwealth.

Section 2. Witliin thirty days after any meeting of
the stockholders, members, directors, or trustees of any
such corporation, compan}^ or association at which the capi-
tal stock is increased or reduced, or any changes made in
its board of officers, agents, directors or trustees, a like
certificate shall be filed setting forth the facts as then
established.

Section 3. The fee for filine: and recordino- the certifi-

Attorney to be
dt'sif,'nated upon
■whom process
may be served.

Certificate of
increane or de-
crease of capital
to be tiled.

1882. — Chapter 107.

cate required by sections one and two of • this act shall be Fee for filing,
five dollars for each certificate, to be paid to the secretary ® '^" '^^'^ * '^'^ ^'
of the Commonwealth, and by him paid into the treasury
of the Commonwealth.

Section 4. Each such corporation, company or asso- Tayestobe
ciation shall semi-annually between the first and tenth f/'Jasu'rer^ofthe
days of June and December in each year pay to the treas- Commonweaiih.
urer of the Commonwealth a tax of one-fortieth of one per
centum upon the par value of its capital stock as standing
fixed by the corporation, company or association on the
first days of May and November respectively then next
preceding : provided, however, that said semi-annual tax
shall not for any one of such corporations, companies or
associations exceed the sum of three hundred dollars.
And this tax when paid shall be in lieu of that required
by section forty-three of chapter thirteen of the Public
Statutes.

Section 5. All officers, directors, trustees and agents officers, etc.,

r-T .• • •,• ■ .• £ liable for taxes.

or such corporations, companies or associations, citizens or
or resident or commorant within this Commonwealth, shall
be jointly and severally liable for all taxes due under said
section forty-three of chapter thirteen of the Public Stat-
utes, and for fees required to be paid under the provisions
of this act.

Section 6. This act shall take effect upon its passage.

Approved March 22, 1882.

An Act making appropriations for expenses authorized the Chap. 107

PRESENT TEAR, AND FOR OTHER PURPOSES.

Be it enacted, etc., as follows:

Section 1. The sums hereinafter mentioned are ap- Appropriations,
propriated, to be paid out of the treasury of the Com-
monwealth, from the ordinary revenue, unless otherwise
ordered, for the purposes specified in certain acts and
resolves of the present year, and for other purposes : —

In the resolve chapter four, in favor of David B. Ten-
ney, city treasurer of Haverhill, the sum of fifty dollars.

In the resolve chapter six, in favor of the overseers of
the poor of the town of Templeton, the sum of twenty-nine
dollars and fifty -seven cents.

In the resolve chapter seven, to provide for increasing state almshouse
the barn accommodations of the state almshouse at Tewks- '^ *^ ^ ^^^''
bury, the sum of two thousand five hundred dollars.

In the act chapter twenty-nine, relative to clerical assist- state library.
ance in the state library, the sum of two hundred dollars.

David B. Ten-
ney.

Town of
Templeton.

1882. — Chapter 108.

Survey of the
Mystic. Valley.

Dukes County
teachers' asso-
ciation.

Small items of
expenditure.

Books for regis-
tration of
voters.

Indexing senate
journals.

Expenses of
state valuation.

William Mag-
ginnis.

Charles S. Bol-
ton.

Melzar W.
Coombs.

Improvements
in basement of
the state house.

Contingent
expcnscK of
harbor and
land com-
missionerB.

For expenses incurred in the survey of the Mystic
Valley and the neighborhood of Boston, as authorized by
resolve chapter sixty-two, of the year eighteen hundred
and eighty-one, the sum of two thousand dollars and
eighty-four cents.

For the Dukes County teachers' association, the sum of
fifty dollars.

For small items of expenditure for which no appropria-
tions have been made, or for which appropriations have
been exhausted or reverted to the treasury in previous
years, a sum not exceeding one thousand dollars.

For furnishing to cities and towns blank books for regis-
tration of voters, a sum not exceeding one hundred dollars.

For indexing senate journals, in accordance with an
order of the senate, a sum not exceeding eight hundred
dollars.

For expenses of the state valuation, as authorized by
chapter one hundred and sixty-three of the acts of the
year eighteen hundred and eighty-one, a sum not exceed-
ing three thousand dollars.

In the resolve cliapter eight, in favor of William Mag-
ginnis, the sum of three hundred and twenty-five dollars.

In the resolve chapter ten, in favor of Charles S. Bolton,
the sum of one hundred and seven dollars and thirty-three
cents.

In the resolve chapter eleven, in favor of Melzar W.
Coombs, the sum of three hundred dollars.

In the resolve chapter twelve, providing for the payment
of certain bills in connection with the improvements in the
basement of the state house, the sum of sixteen thousand
nine hundred and forty-seven dollars and twenty cents.

For the contingent expenses of the harbor and land com-
missioners, a sum not exceeding five hundred dollars, in
addition to the amount heretofore appropriated.

Section 2. This act shall take eifect upon its passage.

Approved March 27, 1SS2.

Chap. 108 An Act to authorize county commissioners to control

TRAVEL OVER BRIDGES CONSTRUCTED OH MAINTAINED IN WHOLE
OR IN PART BV A COUNTY.

Be it enacted, etc., asfolloivs:
Rate of speed SECTION 1. The couuty Commissioners for cacli countv

may be regu- iiTiii j. t r •!•

i.ited by county maycstahlish bv-hiws to prevent persons irom ruling or

commii«ioner«. driving lioi'scs Or othcr beasts at a rate faster than a walk

over any bridge in such county which has cost not less than

1882. — Chapters 109, 110.

one thousand dollars and to the construction of which the
county contributed, or to the maintenance of which it
contributes ; and may annex penalties not exceeding two
dollars for a breach thereof, to be recovered in the name
of the county treasurer.

Section 2. Police, district and municipal courts, and JuHsdicdon of
trial justices, in the several cities and towns in which any viXdon.*"* ^"^
of such bridges terminate shall have jurisdiction of com-
plaints for the violation on such bridges of the provisions
of this act, in the same manner as if the offence was com-
mitted within such city or town.

Section 3. No person shall be liable to the penalty in By-iaws to be
this act unless the county commissioners keep posted up posted!"""*'*^
in a conspicuous place, at each end of such bridges, a white
board containing in black letters the substance of their
said by-laws.

Section 4. This act shall take effect upon its passage.

Approved March 27, 1882.

County com-
missioners to
determine loca-
tions of common
landing places.

An Act to provide for determining the location of common Chap. 109

LANDING PLACES.

Be it enacted, etc., as follows :

Section 1. When ten or more freeholders in any
county represent to the county commissioners for such
county that the exact location of a common landing place
in such county cannot be readily ascertained, such county
commissioners shall make investigation thereof; and if it
appears that the representation is correct, they shall, after
giving the notice required in laying out highways, proceed
to ascertain the correct location of such landing place,
erect the necessary bounds thereof and make a record of
their doings in the way provided in case of laying out
highways.

Section 2. This act shall take effect upon its passage.

Approved March 27, 1882.

An Act relating to the accounts of the treasurer and Chap. WO

auditor.

Be it enacted, etc., as follows:

Section 1. The par of exchange established by sec- Accounts of
tion thirty-five hundred and sixty-five of the Revised ^0^"°"*
Statutes of the United States is hereby adopted for all
accounts, entries and records in the books of the treasurer
and auditor of the Commonwealth, and those officers are
hereby authorized and directed to cause suitable entries

1882. — Chapters 111, 112.

to be made in all open accounts and the records thereof
in their respective departments to make them conform to
the standard hereby established.

Section 2. This act shall take effect upon its passage.

Approved March 27, 1882.

Chap. Ill An Act authorizing the treasurer and receiver-general to

EMPLOY additional CLERICAL ASSISTANCE.

Be it enacted, etc., as follows:

Section 1. The treasurer and receiver-general may
employ an extra clerk in his department in addition to
those clerks now authorized by statute, when necessary
for the proper performance of the public business, at a
salary not exceeding that of other extra clerks in his
department.

Section 2. This act shall take effect upon its passage.

Approved March 27, 1882.

Additional cler-
ical assistance.

Chap.lVl

Payment of
bounties and
allotments to
soldiers.

Claim to be filed
with the auditor.

An Act to regulate the payment op bounties and allotments
of volunteers.

Be it enacted, etc., as follows:

Section 1. The amounts now standing on the books
of account of the treasurer of the Commonwealth to the
credit of the accounts of Massachusetts volunteers, re-
turned allotments and allotment rolls, amounting to forty-
six thousand three hundred and thirty-six dollars and
eighty cents, with interest earned thereon from the first
day of January of the current year, shall be transferred
to the bounty loan sinking fund established by chapter
three hundred and thirteen of the acts of the year eighteen
hundred and sixty-four.

Section 2. Any pe^:son entitled to receive any sum
from the treasurer under the provisions of chapter sixty-
two of the acts of the year eighteen hundred and sixty-
two, or chapter two hundred and fifty-four of the acts
of the year eighteen hundred and sixty-three, and of the
acts in amendment thereof or in addition thereto, may
file his claim, with such evidence as he may desire in
support thereof, with the auditor of the Commonwealth.
The auditor shall thereupon examine the same and from
this and such other evidence as he may obtain, satisfy
himself as to tiie validity of the claim, and shall certify
to the governor the amount, if any, found due. Warrant
therefor and payment thereof shall thereupon be made as
in case of other lawful payments from the treasury of the

1882. — Chapters 113, 114, 115.

Commonwealth, and no payments on account of such
claims shall hereafter be made except in the manner
herein provided.

Section 3. This act shall take effect upon its passage.

Approved March 27, 1882.

An Act to authorize cities and towns to recover for ex- Chap. 113

PENSE INCURRED IN THE SUPPORT OR RELIEF OF PAUPERS.

B". it enacted^ etc., as follows:

Any city or town which incurs expense for the support Expense of
of a pauper having a settlement therein may recover the pe?mly ifeTe""
same against such person, his executors or administrators, covered against
in an action of contract for money paid, laid out and
expended for his use. Approved March 27, 1882.

An Act to annex to the city of salem a parcel of land Chap. 114

LYING IN THE TOWN OF PEABODY.

Be it enacted, etc., as follows:

All that parcel of land lying in the town of Peabody Parcel of land
belonging to the Harmony Grove Cemetery, which is 'anne^x^e^dto
described as follows, viz. : — Beginning at a point formed ^aiem.
by the intersection of the south-westerly line of Tremont
Street with the boundary line dividing the town of Pea-
body and the city of Salem, and running north-westerly
by the south-westerly line of Tremont Street about two
hundred feet to the south-easterly line of Mount Vernon
Street ; then turning and running south-westerly by the
south-easterly line of Mount Vernon Street about seven
hundred and fifty feet to the land now or late of James
Buxton ; then turning and running south-easterly by said
land now or late of said Buxton about two hundred feet
to said boundary line dividing said town and city; then
turning and running north-easterly by said boundary line
to the point of beginning ; is hereby set off from the
town of Peabody and annexed to the city of Salem.

Approved March 27, 1882.

An Act to amend and confirm the articles of association of Chap. 115
SAINT Elizabeth's hospital, and to change its corporate

NAME.

Be it enacted, etc., as follows:

Section 1. The articles of association of the Saint Name changed.
Elizabeth's Hospital for Women, recorded with Suffolk
deeds, book ten hundred and eigthy-nine, page two hun-
dred and eighty-nine, are amended by striking out the

ratified.

84 1882. — Chapter 116.

words " for sick women " where they occur in the state-
ment of the purpose of said corporation, so that hereafter
its benefits shall not be limited to females; and said cor-
poration shall be hereafter known as Saint Elizabeth's
Hospital of Boston.
Certain acta SECTION 2. Said articles of association as amended by

the preceding section are hereby ratified and confirmed ;
but nothing therein shall operate to deprive the supreme
judicial court of its equity jurisdiction in the event of a
dissolution of said corporation. All acts and proceedings
of said corporation so far as they may have been defective
or invalid by reason of any provisions contained in said
articles regarding the manner and effect of a dissolution
are ratified and confirmed.

Section 3. This act shall take effect upon its passage.

Approved March 27, 1882.

Chap. 116 An Act to allow the international trust company to make

ADDITIONAL INVESTMENTS.

Be it enacted, etc., as follows :
May make SECTION 1. The International Trust Company, incor-

i^nvJstments. poratcd by chapter one hundred and fifty-two of the acts
of the year eighteen hundred and seventy-nine, may, in
addition to the investments it is now authorized by law to
make, invest its deposits in the authorized loans of the
United States, or any of the New England states; in the
authorized loans of any of the counties, cities or towns
in any of the New England states ; in the first mortgage
bonds of any railroad corporation which has earned and
paid regular dividends for two years next preceding such
investment, or in the bonds of any such railroad corporation
as is unencumbered by mortgage, or in the stock of such
railroad corporations incorporated by this Commonwealth ;
in the stock of national banks organized within this Com-
monwealth ; in the notes of manufacturing corporations
incorporated by any of the New England states, unencum-
bered by mortgage, which have earned and paid dividends
for two years next preceding; may make loans on the
notes of individuals for a period not exceeding four
months, with a pledge of the bonds of any city of the
United States containing more than one hundred thousand
inhabitants, whose net indebtedness does not exceed five
per cent, of the valuation of the taxable property therein,
to be ascertained by the last preceding city valuation for
the assessment of taxes ; and may also invest such depos-

1882. — Chapters 117, 118.

its in any other securities in which savings banks now are
or hereafter may be allowed to invest.

Section 2. Section four of chapter one hundred and Amendment to
fifty-two of the acts of the year eighteen hundred and ' '
seventy-nine is amended by adding the word " executor "
after the words "any administrator," in the first line
thereof.

Section 3. This act shall take effect upon its accept-
ance by the International Trust Company.

Approved March 27, 18 S2.

Subject to
acceptance.

An Act to extend the time during which the city of Chap. 117

WORCESTER IS AUTHORIZED TO BUY AND HOLD CERTAIN LAND
FOR A PUBLIC PARK AND A RESERVOIR.

Be it enacted, etc., as follows :

Section 1. The city of Worcester by its city council Time for buy-
at any time within two years from the fifteenth day of plfrk^and""^
April in the year eighteen hundred and eighty-two, may extelXd.
buy and hold for the purposes named in chapter one hun-
dred and ninety-six of the acts of the year eighteen hun-
dred and seventy-three the land therein described.

Section 2. This act shall take effect upon its passage.

Approved March 27, 1882.

An Act to amend "an act to authorize the hartford and Chap. 118

CONNECTICUT VALLEY RAILROAD COMPANY TO BUILD A RAILROAD

IN MASSACHUSETTS."

Be it enacted, etc. , as follows :

Section 1. Section one of chapter one hundred and Locations under
sixteen of the acts of the year eighteen hundred and eighty- ^e consTructed.^
one is hereby amended by inserting at the end thereof the
words " and provided, also, that the said railroad may be Proviso,
constructed under two locations, the first one of which
shall extend from said point in the dividing line between
Massachusetts and Connecticut to the line of the Boston
and Albany Railroad in said West Springfield ; and the
other shall extend from said first location across said Bos-
ton and Albany Railroad to the said Connecticut River
Railroad at said Holyoke, provided, also, that said railroad
shall not be located or constructed across Park Street,
Park Avenue, or the Park or Common between said thor-
oughfares, in said West Springfield, at any point within
twenty-five hundred feet of the west bank of the Con-
necticut River. All provisions of law now or hereafter
in force relating to the building of railroads shall apply

1882. — Chapter 118.

Amendment to
1881,116, §3.

May secure
bonds by mort-
gage of fran-
chise and
property.

Amendment to
1881, 116, § 5.

to each of said locations independent of the other: pro-
vided, that any provision which requires said company to
pay any money or fee to the secretary of the Common-
wealth shall apply to but one of said locations."

Section 2. Section three of said chapter is hereby
amended by striking out in the second line thereof the
words " and no bonds."

Section 3. The said Hartford and Connecticut Val-
ley Railroad Company may secure any bonds it may issue
under the authority of its charter granted by the General
Assembly of the State of Connecticut, by mortgage of the
franchise granted to it by said act, and of the property,
rights and easements which it may acquire thereunder in
this Commonwealth ; and the mortgage executed by said
company to the treasurer of the State of Connecticut,
bearing date the fourth day of June in the year eighteen
hundred and eighty-one, and recorded in the office of the
secretary of state at Hartford in said state, whereby said
company amongst other things conveyed certain property
and rights thereafter to be acquired in this Commonwealth,
as in said mortgage set forth, to the said treasurer and his
successors in office, in trust to secure certain bonds there-
after to be issued, is hereby confirmed so far as relates to
the laws of this Commonwealth, and shall be operative
to cover and bind the franchise granted by said act and
the property, rights and easements in this Commonwealth
which said mortgage purports to convey whenever the
same shall be acquired by said railroad company, and to
secure the bonds described in said mortgage in manner
and form as therein described, as fully as if said property,
rights and easements had been acquired at the lime said
mortgage was given and said mortgage had been given
under the authority of the legislature of this Common-
wealth ; and authority is hereby given to said company
to issue under said mortgage an amount of bonds not
exceeding in the aggregate one million dollars. Said
mortgage shall be recorded in the registry of deeds for
the county of Hampden.

Section 4. Section five of said chapter is amended
by striking out in the third line thereof, after the word
"located," the words "within two years and" and insert-
ing in the place thereof the words " to the line of the
Boston and Albany Railroad within two years, the remain-
der of the road is located within three years and the whole'
road is."

Section 5. This act shall take effect upon its passage.

Approved March 27, 1882.

1882. — Chapter 119.

Name and
purpose.

Powers and
duties.

May take waters-
in Spencer and
of Shaw Pond
in Leicester.

An Act to incorporate the spencer water company. Chap. 119

Be it enacted, etc., as follows:

Section 1. William Upham, Emerson Stone, Erastus corporators.
Jones, Richard Sugden, John E. Bacon, David Prouty,
Charles N. Prouty, Isaac L. Prouty, Fields M. Prouty,
Henry R. Green, David A. Drury, J. W. Temple, Horace
A. Grout, Edward E. Kent, Thomas J. Comins, David H.
Barnes, Charles M. Tripp, their associates and successors,
are hereby made a corporation by the name of the Spencer
Water Company, for the purpose of furnishing the inhab-
itants of Spencer with water for the extinguishment of
fires, and for domestic and other purposes, with all the
powers and privileges and subject to all the duties, restric-
tions and liabilities set forth in the general laws which
now are or hereafter may be in force applicable to such
corporations.

Section 2. Said corporation may take, hold and con-
vey into and through the town of Spencer, or any part
thereof, so much of the waters as may be necessary for
carrying out the purposes of this act of any natural pond,
brook or river within the limits of said town of Spencer,
or of Shaw Pond in the town of Leicester ; and may take
and hold by purchase or otherwise any real estate neces-
sary for the preservation and purity of the same, or for
forming any dams or reservoirs to hold the same, and for
laying and maintaining aqueducts and pipes for distrib-
uting the waters so taken and held ; and may lay its water
pipes through any private lands, with the right to enter
upon the same and dig therein for that purpose, and for
the purpose of making all necessary repairs ; and may carry
its pipes under or over any watercourse, railroad, highway
or other way, under the direction of the selectmen or
road commissioners, and in general may do any other acts
necessary or proper for carrying out the purposes of this
act.

Section 3. Said corporation shall, within sixty days
after taking any land under the provisions of this act, file
and cause to be recorded in the registry of deeds for the
county of Worcester a description of any land so taken,
sufiBciently accurate for identification, with a statement of
the purpose for which it is so taken, and shall also noti-
fy the owner of any such land of the taking thereof; and
the title of the land so taken shall then vest in said cor-
poration. Any person injured in property by any act of
said corporation, and failing to agree with said corporation

To file and have
recorded in
registry of
deeds a descrip'
tion of the land
taken.

Liability for
damages.

1882. — Chapter 119.

May distribute
•water and fix
■water rates.

Real and per-
fional estate and
capital stock.

Penalty for dl-
vertiii;? water or
rendering it
Impure.

as to the amount of damages, may have the same assessed
and determined in the manner provided when land is
taken for highways ; but no application shall be made for
the assessment of damages for the taking of water rights
until the water is actually taken or diverted by said corpo-
ration ; any person whose water rights are thus taken or
impaired may apply as aforesaid at any time within two
years from the time when the water is actually taken or
diverted, but not thereafter ; and no suit for damage done
under this act shall be brought after two years from the
date of the receipt of the alleged injury. In case said
corporation shall take from any mill owner the water used
for running his mill, and cannot agree with him as to the
amount of damages to be paid therefor, said corporation
shall have the right to build compensating reservoirs to
furnish such mill owner with other water, the value of
which shall be in full or in part payment for any claim
said mill owner may make for damages received from the
acts of this corporation ; and for that purpose said cor-
poration may take and hold lands in the manner herein
provided for taking other lands.

Section 4. Said corporation may distribute the water
through said town of Spencer, and may establish and fix
from time to time the rates for the use of said water, and
collect the same ; and may make such contracts with said
town, or any fire district that may be hereafter established
therein, or with individuals, to supply water for the extin-
guishment of fires or for other purposes, as may be agreed
upon between said town or such fire district or individuals
and said corporation.

Section 5. Said corporation for the purposes set forth
in this act may hold real and personal estate not exceed-
ing in value one hundred thousand dollars, and its whole
capital stock shall not exceed two hundred thousand
dollars, to be divided into shares of one hundred dollars
each.

Section 6. If any person shall use any water taken
under authority of this act without the consent of said
corporation, or shall wantonly or maliciously divert any
water so taken, or corrupt the same, or render it impure,
or shall destroy or injure any property lield, owned, or
used by said corporation, he shall forfeit and pay to said
corporation three times the amount of damage or injury
caused thereby, to be recovered in an action of tort; and
on conviction of either of the wanton or malicious acts
aforesaid may be punished by a fine not exceeding three

1882. — Chapter 119.

hundred dollars, or by imprisonment in jail not exceeding
one year.

Section 7. The town of Spencer, or any fire district
that may be established therein, shall have the right at
any time during the continuance of this charter to pur-
chase the corporate property and all the rights and privi-
leges of said corporation at a price which may be mutually
agreed upon between said town or such fire district and
said corporation. In case said town or such fire district
and said corporation are unable to agree, then the compen-
sation to be paid shall be determined by three commission-
ers, to be appointed by the supreme judicial court, upon
application by either party, notice being given to the
other, whose award when accepted by said court shall be
final. This right of purchase and sale is granted on the
condition that such purchase is agreed to by two-thirds
of the voters of said town, or such fire district therein,
present and voting thereon at any legally called meeting,
notice having been given in the warrant for said meeting
that action would be taken on this matter.

Section 8. The Spencer Water Company may issue
bonds and secure the same by a mortgage on its works,
structures, equipments, franchise and other property, real
or personal, to an amount which shall not exceed the cap-
ital stock of said corporation actually paid in and applied
to the construction or completion of its works or the
purchase of real and personal property therefor.

Section 9. Any owner of land or water rights taken
under this act, upon application for an estimate of dam-
ages, may require said corporation to give security satis-
factory to the board of selectmen of the town of Spencer
for the payment of all damages and costs which may be
awarded him for the land or other property taken ; and
if upon the petition of such owner, with notice to the
adverse party, the security appears to the selectmen to
have become insufficient, they shall require said corpora-
tion to give further security to their satisfaction, and all
the right or authority of the corporation to enter upon
and use said land and other property, except for making
surveys, shall be suspended until it gives the security
required.

Section 10. This act shall be null and void unless
said corporation shall within three years from the pas-
sage hereof avail itself of its provisions and commence
a prosecution of the work herein authorized.

Section 11. This act shall take efi:ect upon its passage.
12 Approved March 27, 1882.

Property may
be purchased
by town, etc.

Subject to a
two-thirds vote
of the town.

Company may
issue bonds.

Maybe required
to give security
for payment
of damages.

Work to be
commenced
within three
years.

1882. — Chapters 120, 121.

Chap. 120 An Act to confirm certain proceedings of the notre dame

ACADEMY IN BOSTON, AND TO PROVIDE FOR A MEETING OF SAID
CORPORATION.

Proceedings
ratified and
confirmed.

Certain officers
authorized to
perform duties.

Chap. 121

Shares of stock
may be ex-
changed for
bonds.

Company may
issue bonds.

Be it enacted, etc., as follows:

Section 1. The proceedings of the Notre Dame Acad-
emy, a corporation organized under articles of association
recorded with Norfolk deeds, book three hundred and
thirty-five, page one hundred and twenty-one, and located
in that part of Boston which was formerly Roxbury, relat-
ing to the election of its members and officers, are hereby
ratified and confirmed, any defects or informalities therein
to the contrary notwithstanding.

Section 2. Charlotte Mackenzie, as president and
treasurer, and Catherine Althoff, as secretary, are author-
ized to perform their respective duties as such officers
until their successors are chosen and qualified. A meeting
of said corporation may be called by either of said officers
by a notice setting forth the time, place and purposes of
such meeting, which notice shall be delivered or mailed to
all the members of said corporation at least seven days
previous to the time appointed for such meeting.

Section 3. This act shall take effect upon its passage.

Approved March 27, 1882.

An Act to provide for the exchange of the common-
wealth's STOCK IN THE BOSTON AND ALBANY RAILROAD COM-
PANY FOR BONDS OF SAID CORPORATION.

Beit enacted, etc., as follows:

Section 1. The treasurer of the Commonwealth shall
assign to the Boston and Albany Railroad Company all
the shares of the capital stock of said corporation which
are owned by the Commonwealth, or which belong to
funds over which said Commonwealth has exclusive con-
trol, in exchange for bonds of said corporation, such as are
hereinafter described, at the rate of one hundred and sixty
dollars in such bonds at their face value for each share of
stock, and thereupon said corporation shall hold and dispose
of the shares of stock so assigned to it as its absolute
property.

Section 2. For the purpose of purchasing said shares
the Boston and Albany Railroad Company may issue bonds
for one thousand dollars each or for such multiples of one
thousand dollars as the treasurer of the Conmiou wealth
may request, to the required amount, either with interest
coupons attached, or registered, payable, with interest semi-

1882. — Chapter 122.

Commonwealth
not to be repre-
sented in board
of directors.

Subject to ac-
ceptance by
stocliholders.

Stock of Com-
monwealth not
to be voted on.

annually at the rate of five per centum per annum, in
twenty years from date.

Section 3. After the assignment of said shares of stock
to said corporation the Commonwealth shall not be repre-
sented in the board of directors of said corporation.

Section 4. This act shall take effect upon its passage,
and said shares shall be assigned as hereinbefore jDrovided
whenever this act shall have been accepted by a majority
of votes cast at a meeting of the stockholders of said
corporation called for the purpose ; but said assignment
whenever made shall take effect as of the first day of April
in the year eighteen hundred and eighty-two, and said
bonds shall bear that date: provided, however, that the
stock now owned by the Commonwealth shall not be voted
upon at said meeting. Approved March 28, 1882.

An Act to incorporate the dennis and Yarmouth improve- Chap.\22

MENT company.

Be it enacted, etc., as follows:

Section 1. The owners of the meadow lands flowed owners of cer-
by Chase Garden River in the towns of Dennis and Yar- iands"inco?^
mouth, extending from the so called New Boston Bridge p°''**<^<^-
in said town of Dennis to the mouth of said Chase Garden
River, and bounded by the uplands and the dikes already
built, are hereby made a corporation by the name of the
Dennis and Yarmouth Improvement Company, with power
to erect and maintain a dike or dam across said Chase
Garden River at or near its mouth, with one or more
sluice-ways and gates for the purpose of draining and
improving said meadows and preventing flowage by the
sea. Said corporation shall have all other powers and
privileges and be subject to all the duties, restrictions and Powers and
liabilities set forth in the general laws which now are or '^"'''^*'
liereafter may be in force relating to such corporations,
unless otherwise specially provided by this act.

Section 2. Any justice of the peace upon application rirst meeting
in writing from five or more of said owners shall issue his of corporators,
warrant to one of the owners aforesaid, requiring him to
notify and warn a meeting of said owners for the purposes
to be expressed in said warrant, by posting copies of said
warrant in at least one public place in the town of Dennis
and the town of Yarmouth, seven days at least before the
time of said meeting ; and said owners when legally assem-
bled as aforesaid may adopt by-laws for the government
of said corporation, and may also choose a clerk, treasurer,
assessors and a collector, who shall be sworn to the faith-

1882. — Chapter 122.

Liability for
datnageH.

May remove
obstructions
from channel.

Remedy for
owner ag-
grieved.

Amount of
judgment recov-
ered to be
assesMcd upon
proprietors.

May conduct
fisheries and
introduce and
propagate fish.

When to take
effect.

ful discharge of their respective duties, and shall con-
tinue in office until others are chosen and sworn in their
stead, which said officers may exercise the same power and
authority in performing the duties of their appointment
as town officers of like description.

Section 3. All damages sustained by any person or
corporation in consequence of the carrying into effect of
the purposes of this corporation shall be ascertained, deter-
mined and recovered in the same manner as is now pro-
vided in cases where land is taken for highways.

Section 4. In addition to the powers already granted,
said cor23oration shall have power to remove any obstruc-
tions in channels of said marsh which may thereafter accu-
mulate, whereby the drainage of its said meadow lands is
obstructed and prevented, and to vote and raise money
for said purposes, and for all other necessary expenses of
said corporation ; and all moneys which may be voted to
be raised as aforesaid shall be assessed upon each proprie-
tor in said meadows according to the number of acres
owned by him and the be-nefits likely to be received. Any
owner who is aggrieved by the amount of tax levied on
his land may, at any time within thirty days after said
assessment, appeal to the county commissioners for the
county of Barnstable, who shall have power to reduce or
increase the amount of said tax, and make the same as
said corporation should have made it under the provisions
of this act ; and if any owner neglects or refuses to pay
the sum assessed upon him as aforesaid for sixty days
after demand therefor, so much of his land may be sold
as will be sufficient to pay the same, together with the
costs, in the same way and manner as land of non-resident
owners in this Commonwealth is sold to pay taxes ; but
nothing herein contained shall authorize arrest of person
or the sale of any property except said meadow lands.
All sums for which judgment may be recovered by any
party against said corporation shall be assessed upon each
proprietor, and collected in the same manner as moneys
voted to be raised for other purposes under this section.

Section 5. Said corporation shall have the exclusive
right to conduct the fisheries at and about said dam and
sluice-way, and may introduce and propagate any kind of
fish.

Section 6. This act shall not take effect until the
owners of two-thirds of all the meadow lands included
herein shall have expressed in writing their acceptance
hereof, which instrument of acceptance, together with the

1882. — Chapters 123, 124.

oath of at least three of said owners that in their belief
the owners of two-thirds of all of said meadow lands have
signed the same, shall be filed in the office of the secretary
of the Commonwealth, and the certificate of said secretary
that such instrument has been so filed shall be primd facie
evidence of such acceptance. Approved March 28, 1882.

An Act to authorize the town of wayland to kaise Chap. 123

ADDITIONAL FUNDS TO EXTEND AND COMPLETE ITS WATER-
WORKS.

Be it enacted, etc., as follows:

Section 1. The town of Wayland, for the purposes wayiand
named in chapter eighty of the acts of the year eighteen ^at^rioan.
hundred and seventy-eight, may issue notes, bonds or
scrip from time to time, signed by the treasurer and
countersigned by the chairman of the selectmen, to be
denominated on the face thereof " Wayland Water Loan,"
to an amount not exceeding five thousand dollars, in
addition to the amount authorized by section four of
said chapter eighty, and in the manner provided in said
section.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1882.

An Act to authorize the town of andover to pay certain Chap. 124

BOUNTIES.

Be it enacted, etc., as follows :

Section 1. The town of Andover is authorized in the
manner provided in section two of this act to raise by
taxation a sum of money not exceeding sixty-five hundred
dollars, and appropriate the same to the payment of a
bounty of one hundred and twenty-five dollars to each
soldier and the legal representatives of each deceased
soldier of Company H, of the First Regiment of Heavy
Artillery, Massachusetts Volunteers, who re-enlisted in the
service of the United States as a veteran under the call of
the president of the United States dated October seven-
teenth, eighteen hundred and sixty-three, and was credited
to said town, and has never received any bounty for re-
enlistment from said town : provided, that said town shall
not be re-imbursed by the Commonwealth for any money
paid under authority of this act.

Section 2. At any legal meeting of said town called
for the purpose a vote may be taken on the question of
raising such money and appropriating the same to the pay-
ment of such bounties. The check list shall be used at

May pay certain

bounties to
soldiers and
their legal
representatives.

Subject to
acceptance by
vote of the
town.

1882. — Chapters 125, 126.

such meeting and the polls shall be kept open at least four
hours. The vote shall be by separate ballot, and the
ballots shall be "Yes," or "No," in answer to the ques-
tion : " Will the town pay a bounty of one hundred and
twenty-five dollars to each soldier and the legal repre-
sentatives of each deceased soldier of Company H, of the
First Regiment of Heavy Artillery, Massachusetts Volun-
teers, who re-enlisted as a veteran under the call of the
president of the United States dated October seventeenth,
eighteen hundred and sixty- three, and was credited to the
town, and has never received any bounty for re-enlistment
from the town, and raise the sum of sixty-five hundred
dollars and appropriate the same to the payment of said
bounties?"

Section 3. This act shall take effect upon its passage.

Approved March 28, 1882.

Chap. 125 An Act authorizing the appointment of additional pro-
bation OFFICERS IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:

Section 1. The mayor and aldermen of the city of
Boston may, if in their judgment it seems proper so to do,
appoint two additional probation officers in the manner
and subject to the provisions prescribed in section seventy-
eight of chapter two hundred and twelve of the Public
Statutes.

Section 2. Section seventy-eight of chapter two hun-
dred and twelve of the Public Statutes is hereb}' amended
by striking out in the second line the words " annually in
the month of May and." Approved March 28, 1882.

Additional pro
bation officers
may be ap-
pointed.

Amendment to
P. 8. 212, § 78.

Chap. 126

Corporators.

Name.

I'owers and
dulies.

An Act to incorporate the boston light infantry veteran

CORPS.

Be it enacted, etc., as follows :

Section 1. John C. Whiton, Samuel A. Green, William
H. Jackson, Fred R. Shattuck, William G. Train, John
D. Lilley, L. H. Baldwin, Joshua M. Gushing, Cornelius
G. Attwood, Warren S. Davis, James C. Lauij^hton,
Charles H. Allen, John K. Hall, Charles W. WildeiCLouis
N. Tucker, D. W. Wardrop, tlieir associates and successors,
are hereby constituted a corporation by the name of the
Boston Light Infantry Veteran Corps, with all the powers
and privileges and subject to all the duties, restrictions
and liabilities set forth in the general laws which now are
or hereafter may be in force applicable to sucli corpora-
tions.

1882. — Chapter 127.

Section 2. The objects of the corporation shall be to to afford relief

afford pecuniary relief to aged, reduced and indigent
members, and their widows and children, and to promote
social union and patriotic fellowship among the members,
and to preserve and keep alive the recollections of past
services in the Boston Light Infantry.

Section 3. The said corporation shall have power to
hold property real and personal to an amount not exceed-
ing twenty thousand dollars.

Section 4. The members of said corporation may
parade in public with side arms.

Approved March 28, 1882.

An Act relating to juvenile offenders.
Be it enacted, etc., as follows:

Section 1. No court or magistrate shall commit any
child under twelve years of age to a jail or house of cor-
rection, to the house of industry of the city of Boston, or
to the state workhouse, in default of bail, for non-payment
of fine or costs, or both, or for punishment for any offence
not punishable by imprisonment for life, of which said
child may have been adjudged guilty.

Section 2. Whenever any child under twelve years
of age is held by any court or magistrate for examination
or trial, and said child is unable to furnish bail for such
examination or trial, such court or magistrate shall com-
mit said child to the custody of the state board of health,
lunacy and charity ; and said board is authorized to make
all proper provisions for the safe keeping of said child,
and for his presence at the examination or trial for which
he is held, at the time and place named in the mittimus.

Section 3, When a complaint is made to any court or
magistrate of any offence, not punishable by imprisonment
for life, committed by a child under twelve years of age,
such court or magistrate, if an examination is deemed
necessary, shall, in the first instance, issue a summons to
said child requiring his presence before such court or
magistrate at the time and place named in said summons ;
and if said child fails then and there to appear as directed
in said summons, such court or magistrate shall then issue
a warrant for the arrest of said child.

Section 4. The provisions of this act shall not apply
to either of the offences mentioned in section ten of
chapter forty-eight of the Public Statutes.

Approved March 28, 1882.

to aged and in-
digent mem-
bers, etc.

Real and per-
sonal property.

Chap.Ul

Child under
twelve years not
to be committed
to jail, etc., in
default of bail,
etc., for offence
not punishable
by imprison-
ment for life.

Such child to be
committed to
custody of state
board of health,
etc.

Summons to be
issued, and if
child fails to
appear, a war-
rant for arrest
to be issued.

Not to apply to
offences men-
tioned in P. 8.
48, § 10.-

1882. — Chapters 128, 129, 130.

May increase
capital stocli.

Chap. 128 An Act to authorize the ames manufacturing company to

INCREASE ITS CAPITAL STOCK.

Be it enacted, etc., as folloivs :

Section 1. The Ames Manufacturing Company, in-
corporated by chapter thirty-one of the acts of the year
eighteen hundred and thirty-four, is authorized to increase
its capital stock by an amount which, together with the
capital stock heretofore authorized, shall not exceed in
the aggregate five hundred thousand dollars, and to invest
such increase in the capital stock in real and personal
estate necessary and convenient for carrying on the busi-
ness of said corporation.

Section 2. This act shall take effect upon its passage.

Approved March 30, 1882.

Chap. 129

Salary estab-
lished.

CA«p.l30

Investmont of
funds of the
Commonwealth.

An Act to establish the salary of the judge of probate

and insolvency for the county of middlesex.
Be it enacted, etc. , as follows :

Section 1. The judge of probate and insolvency for

the county of Middlesex, from and after the first day of

January in the year eighteen hundred and eighty-two,

shall receive an annual salary of three thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved March 30, 1882.

An Act regulating the investment of the funds of the

commonwealth.
Be it enacted, etc., as folloivs :

Section 1. In addition to the securities authorized by
the provisions of section sixty of chapter sixteen of the
Public Statutes for the investment of funds over which
the Commonwealth has exclusive control, moneys belong-
ing to such funds may be invested in the bonds or notes
of any incorporated district in this Commonwealth or of
any city of the states of Maine, New Hampshire, Vermont,
Rhode Island or Connecticut, issued for municipal pur-
poses, whose net indebtedness at the time of purcliase does
not exceed five per cent, of the last preceding valuation of
the property therein for the assessment of taxes; or in the
notes of any corporation establislied within this Common-
wealth to become due in one year or less time if secured
by a pledge of bonds of tlie United States or of this
Commonwealth to at least an equal amount estimating the
bonds at not more than eighty-five per centum of their
market value.

Section 2. Tliis act shall take effect upon its passage.

Approved March 30, 1882.

1882. — Chapters 131, 132, 133. 97

An Act ceding to the united states jurisdiction over Chap. 131

CERTAIN LAND FOR THE FISH AND FISHERIES COMMISSION.

Be it enacted^ etc., as follows:

The fourth section of the first chapter of the Public Jurisdiction
Statutes is amended by inserting after the word " navi- united states.
gators," in the sixth line thereof, the words " or for the
use of the United States Fish and Fisheries Commission."

Approved March 30, 1882.

An Act relating to the descent of the real estate of Chap. 132

ILLEGITIMATE CHILDREN.

Be it enacted, etc., as follows:

Section four of chapter one hundred and twenty-five of Descent of real
the Public Statutes, relating to the descent of the real **'^^®-
estate of illegitimate children, is amended by adding there-
to the following words : *■' or in case she is not living, to
the persons who would have been entitled thereto by in-
heritance through his mother if he had been a legitimate
child." Approved March 30, 1882.

An Act relative to the payment of indebtedness by cities Chap. 133

AND TOWNS.

Be it enacted, etc., as follows:

Section 1. Any city or town required by chapter May by vote

twenty-nine of the Public Statutes to establish a sinking nualpro^or*""

fund for the payment of its indebtedness may, instead tionate pay-

^ "^ . . • 1 f 1 n ™ent8, instead

thereor, by a majority vote provide tor the payment oi of establishing

such indebtedness in such annual proportionate payments ®*°''°^

as will extinguish the same within the time prescribed in

said chapter ; and when such vote has been heretofore or

shall be hereafter passed, the amount required thereby

shall, without further vote, be assessed by the assessors in

each year thereafter, until the debt shall be extinguished,

in the same manner as other taxes are assessed under the

provisions of section thirty-four of chapter eleven of the

Public Statutes.

Section 2. The return required by section ninety-one Returns to be
of chapter eleven of the Public Statutes shall state the pfs-^ii, § 9i.
amount of any sinking fund established, and if not so
established whether action has been taken in accordance
with the provisions of the preceding section and the
amounts raised and applied thereunder for the current
year.

Section 3. This act shall take effect upon its passage.

Approved March 30, 1882.
13

1882. — Chapters 134, 135.

Deposit of
money in lieu
of furnisliing
sureties in crim
inal cases.

Money to be
deposited with
clerli, etc.

Repeal of P. 8
212, § 68.

Chap. 134 An Act concerning the deposit of money in lieu of fdr-

NISHING SURETIES IN CRIMINAL CASES.

Be it enacted, etc., as follows:

Section 1. When a person arrested on criminal pro-
cess has been ordered to recognize with surety or sureties
for his appearance before any court or trial justice he may,
instead of giving sureties, at any time give his personal
recognizance and deposit the amount of the bail which he
is ordered to furnish with the court, trial justice, or magis-
trate authorized by law to take such recognizance, and
such court, trial justice, or magistrate shall give him a
certificate thereof, and upon delivering said certificate to
the officer in whose custody he is he shall be discharged
from custody.

Section 2. Such court, trial justice, or magistrate on
the receipt of such deposit shall at once deposit the same
with the clerk of the court or with the trial justice before
whom such person recognized to appear, and in case such
court has no clerk with the justice of said court.

Section 3. Section sixty-eight of chapter two hundred
and twelve of the Public Statutes is repealed.

Section 4. This act shall take effect upon its passage.

Approved April 5, 1882.

Chap. 135 An Act providing fob appeals from the county commission-
ers TO THE board OF RAILROAD COMMISSIONERS IN CERTAIN
CASES.

Be it enacted, etc., as follows:

Section 1. Any party aggrieved by the decision or
order of the county commissioners in any matter or pro-
ceeding arising under section one hundred and twenty-
nine and section one hundred and thirty-eight of chapter
one imndred and twelve of the Public Statutes may appeal
therefrom to the board of railroad commissioners.

Section 2. If the county commissioners unreasonably
refuse or neglect, for sixty days after the first day fixed
for hearing the parties in any such matter or proceeding,
to announce a decision thereon, thereupon any party ag-
grieved by such refusal or neglect may appeal to the board
of railroad commissioners.

Section 3. An appeal shall be claimed by filing with
the county commissioners, Avithin ten days after the mak-
ing of the decision or order appealed from, or the expira-
tion of sixty days from the first day fixed for hearing in
cases of refusal or neglect, a notice of appeal, and there-
upon all proceedings before the county commissioners in
such matter or proceeding shall be stayed.

Decision of
county commis
sioners relative
to crossing of
ways or sever-
ance of private
lands by rail-
roads.

Appeals to rail
road coramis-

NoUcc of appeal
to be filed.

1882. — Chapter 136.

Petition setting
forth rc'isons of
appeal to be
tiled Willi rail-
road commis-
sioners.

Waiver of
apijeal.

Powers of rail
road commis-
sioners.

Section 4. The appellant, to perfect the appeal, shall,
within twenty days after the filing of the notice of appeal,
file with the clerk of the board of railroad commissioners
a petition setting forth the reasons of appeal, and within
ten days after the filing of the petition cause a certified
copy thereof to be served upon the county commissioners.
If the appellant fails to perfect the appeal as herein re-
quired, thereupon proceedings may be had before the
county commissioners as if no appeal had been taken.

Section 5. An appeal may be waived at any time
before a hearing thereon, by agreement of the parties, in
writing, filed with the county commissioners and the
board of railroad commissioners, and thereupon proceed-
ings may be had before the county commissioners as if no
appeal had been taken.

Section 6. The board of railroad commissioners shall,
in matters and proceedings to which this act relates, have
the same powers vested in, and perform the same duties
required of, the county commissioners in like matters and
proceedings ; and all provisions of law relating to hear-
ings and determinations by, and decisions and orders of,
the county commissioners, in such matters and proceed-
ings, shall apply to hearings and determinations by, and
decisions and orders of, the board of railroad commission-
ers in such matters and proceedings under this act.

Section 7. The hearings before the board of railroad
commissioners in matters and proceedings to which this
act relates shall be had in the county where the appeal is
taken, unless the parties, in writing, otherwise agree.

Approved April 5, 1882.

An Act in relation to the normal school of the city of Chap. 136

BOSTON.

Be it enacted^ etc., as follows:

Section 1. The school committee of the city of Bos-
ton may provide instruction in the principles and methods
of teaching for the benefit of teachers in the service of
said city, said instruction to be given in connection with
the normal school of said city.

Section 2. The action of the school committee of said
city heretofore in providing instruction for the benefit of
teachers in the service of said city is ratified, confirmed
and made valid to the same extent as if this act had been
passed prior to such action.

Section 3. This act shall take effect upon its passage.

Approved April 5, 1882.

Hearing to be'
had in county
where appeal iS
talsen.

Teachers may
be taught in the
normal school.

Action of school
committee con-
firmed.

100

1882. — Chapters 137, 138, 139.

Chap. 137 An Act to authorize the new engi.anu conservatory of

MUSIC TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE.

Be it enacted^ etc., as follows:

Section 1. The New England Conservatory of Music,
a corporation established by chapter one hundred and
three of the acts of the year eighteen hundred and seventy,
is authorized to hold real and personal estate to the amount
of five hundred thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved April 5, 1882.

May hold addi-
tional real and
pefsoual estate.

lirtereet of the
Commonwealth
in bridges may-
be conveyed to
the city of Bos-
ton.

Chap. 138 An Act in relation to the charles river and warren

BRIDGES.

Me it enacted, etc., as follows :

Section 1. The governor with the advice and consent
of the council is empowered in the name and on behalf of
the Commonwealth to execute, acknowledge and deliver
to the city of Boston a good and sufficient instrument
transferring to said city and its assigns all the right, title
and interest of the Commonwealth in and to the Charles
River bridge and Warren bridge, the approaches to the
same, the materials of which said bridges are composed,
and in and to all things pertaining to said bridges belong-
ing to the Commonwealth. Such transfer shall not be
made until there is constructed, subject to the provisions
of law and opened for public use at the expense of said
city, a new bridge which in the opinion of the governor
and council will afford facilities as ample as those provided
by the said existing bridges ; and upon such transfer the
said city may discontinue said now existing bridges or
either of them.

Section 2. No change shall be made in the piles of
said bridges without the approval of the board of harbor
and land commissioners.

Section 3. Nothing herein contained shall be con-
strued to grant authority to the city of Boston or its
assigns to take tolls on said bridges or on the new bridge
which may be constructed. Approved April 5, 1882.

No change to he
made without
consent of com-
miBsioners.

Taking of tolls
not authorized.

Chap. 139 An Act to permit women to practise as attorneys at law.

Be it enacted, etc., as follows:
Women may The pi'ovisions of Liw relating to the qualification and

Stufrneye.^ admissiou to practisG of attorneys at law shall apply to

women. Approved April 10, 1882.

1882. — Chapters 140, 141, 142. 101

An Act relating to depositions to perpetuate the testi- Chap. 140

MONT OF WITNESSES "WITHOUT THE COMMONWEALTH.

Be it enacted^ etc., as follows :

Section 1. Section fifty-four of chapter one hundred Depositions to
and sixty-nine of the Public Statutes is hereby amended, fimonyTetc. "^^
by adding at the end thereof the words :

" And shall order such reasonable notice as it shall deem
proper to be given to all the persons mentioned therein as
adversely interested in the case and living without the
Commonwealth."

Section 2. This act shall take effect upon its passage.

Approved April 10, 1882.

An Act relating to the distribution op the personal Chap. 141

ESTATE OP MARRIED WOMEN.

Be it enacted, etc., as follows:

Section 1. When a married woman dies leaving issue Disposition of
and possessed of personal estate not lawfully disposed of rfeTwom^n.*^'
by will, such personal estate shall after payment of her
debts, funeral expenses, and charges of administration be
distributed one-half to her husband, and the other half
among the persons who would be entitled to the real estate
by the first clause of section one of chapter one hundred
and twenty-five of the Public Statutes and in the propor-
tions there prescribed.

Section 2. This act shall take effect upon the first
day of July in the year eighteen hundred and eighty-two.

Approved April 10, 1882.

An Act to incorporate the revere water company. Chap. 142

Be it enacted, etc., as follows :

Section 1. Andrew Burnham, Theodore Pinkham, E. corporators.
H. Whorf, A. S. Burnham, James H. Wade, Michael
Sullivan, their associates and successors, are made a cor-
poration by the name of the Revere Water Company, for Name and
the purpose of furnishing the inhabitants of Revere with p"^""?"^®-
water for the extinguishment of fires and for domestic and
other purposes, with all the powers and privileges, 'and Powers and
subject to all the duties, restrictions and liabilities set
forth in all general laws which now are or hereafter may
be in force applicable to such corporations.

Section 2. Said corporation may take, hold and con- May take and
vey through the town of Revere or any part thereof, water thro^ulh^hlf^
from any spring, artesian well or other source of supply town of Revere,
within the limits of said town, and may take and hold by
purchase or otherwise, any real estate necessary for the

102

1882. — Chapter 142.

To have record-
ed in the regis-
try of deeds a
description of
the land taken.

May fix water
rates.

Real and per-
sonal estate and
capital stock.

Penalty for
diverting water
or rendering it
Impure.

preservation and purity of such water and sources of sup-
ply, for forming any dams or reservoirs to hold such water,
or for laying and maintaining aqueducts and pipes for dis-
tributing the same ; and may lay its water pipes through
any private lands, with the right to enter upon the same
and dig therein for the purpose of making all necessary
repairs : and for the object aforesaid may carry its pipes
under or over any water-course, street, railroad, street
railway, highway or other way, in such a manner as not to
obstruct the same ; and may, under the direction of the
board of selectmen or road commissioners, enter upon and
dig up any road or other way for the purpose of laying
or repairing aqueducts, pipes or other works, and in
general may do any other acts and things necessary, con-
venient or proper for carrying out the purpose of this act.

Section 3. Said corporation shall, within sixty days
after the taking of any land under this act, file and cause
to be recorded in the registry of deeds for the county of
Suffolk a description of any land so taken, sufficiently
accurate for identification, with a statement of the purpose
for which it was taken, and shall also notify the owner of
any such land of the taking thereof; and the title of land
so taken shall vest in said corporation. Any person in-
jured in property by any of the acts of said corporation,
and failing to agree with said corporation as to the amount
of damages, may have them assessed and determined in
the manner provided when land is taken for highways.

Section 4. Said corporation may distribute the water
through said town of Revere ; may establish and fix from
time to time rates for the use of such water, and collect
the same ; and may make sucli contracts with said town,
or any other town, or with any city, corporation or indi-
vidual to supply water for fire or other purposes as may
be agreed upon by such town, city, corporation, or indi-
vidual and said corporation.

Section 5. Said corporation, for the purposes set forth
in this act, may lioUl real and personal estate not exceed-
ing in value fift}- thousand dollars; and its whole capital
stock shall not exceed seventy-five thousand dollars, to be
divided into shares of one hundred dollars each.

Section G. If any person shall use any water taken
under the authority of this act without the consent of said
corporation, or ishall wantonly or maliciously divert any
water so taken, or corrupt the same, or render it impure,
or shall destroy or injure any dam, atjueduct, pipe, coniluit,
hydrant, machinery, or other works or property held.

1882. — Chapter 142.

103

owned or used by said corporation under the authority and
for the purposes of this act, he shall forfeit and pay to
said corporation three times the amount of damage or
injury caused thereby, to be recovered in an action of tort;
and on conviction of either of the wanton or malicious acts
aforesaid may be punished by a fine not exceeding three
hundred dollars, or by imprisonment in jail not exceeding
one year.

Section 7. The town of Revere shall have the right, at
any time during the continuance of this charter, to purchase
the corporate property and all the rights and privileges
of said corporation at a price which may be mutuall)''
agreed upon by said town and said corporation. In case
said town and said corporation are unable to agree, then
the compensation to be paid shall be determined by three
commissioners, to be appointed by the supreme judicial
court upon application by either party, notice being given
to the other, whose award when accepted by said court
shall be final. This right of purchase and sale is granted
on the condition that such purchase is assented to by two-
thirds of the voters of said town present and voting
thereon at any legally called meeting, notice having been
given in the warrant for such meeting that action would
be taken on this matter.

Section 8. The Revere Water Company may issue
bonds and secure the same by a mortgage on its works,
structures, equipments, franchise and other property, real
or personal, to an amount which shall not exceed the
capital stock of said corporation actually paid in and
applied to the construction or completion of its works.

Section 9. Any owner of lands or water rights taken
under this act, upon application by either party for an
estimate of damages, may require said corporation to give
security, satisfactory to the board of selectmen of said
town, for the payment of all damages and costs which may
be awarded to him for the land or other property taken ;
and if upon the petition of such owner, with notice to the
adverse party, the security at any time appears to the
selectmen of said town to have become insufficient, they
shall require said corporation to give further security to
their satisfaction, and all the right or authority of the
corporation to enter upon or use said land and other
property, except for making surveys, shall be suspended
until it gives the security required.

Section 10. This act shall be null and void unless
said corporation shall within three years from the passage

Town may pur.
chase corporate
property at any
time.

Company may
issue bonds and
secure the same
by mortgage.

Liability for
damages.

To commence
worli within
three years.

104

1882. — Chapters 143, 144.

thereof avail itself of its provisions, and commence the
prosecution of the work herein authorized.

Section 11. This act shall take effect upon its passage.

Approved April 10, 1882.

May take land
for a public
library.

To have record,
ed in the regis-
try of deeds a
description of
the land taken.

Chap. 143 An Act to authorize the city of boston to take land

FOR A PUBLIC LIBRARY.

Be it enacted, etc. , as follows :

Section 1. The city of Boston is hereby authorized
and empowered to take and hold by purchase or otherwise,
at any time within two years from the passage of this act,
so much land within its limits as it may deem necessary
for the erection thereon of a public library and for a yard
for the same ; and said city may appropriate and use
therefor any land now owned by it.

Section 2. Said city shall, within thirty da3's from
the time when it shall take any parcel or parcels of land
under this act, file in the office of the register of deeds for
the county of Suffolk, and cause to be recorded therein, a
description of the land so taken as certain as is required
in a common conveyance of land, with a statement of the
purpose for which said land is taken ; which description
and statement shall be signed by the mayor of said city.
The said city shall be liable to pay all damages that shall
be sustained by any person by reason of the taking of
land as aforesaid ; such damages to be ascertained and de-
termined in the manner provided for ascertaining and
determining damages in case of the laying out, altering or
discontinuijig of ways within the city of Boston.

Section 8. The provisions of law in relation to the
assessment of betterments shall not be applicable to the
taking of land under this act.

Section 4. This act shall take effect upon its passage.

Approved April 10, 1882.

Law of better
ments not to
apply.

Chap. 144 An Act to establish the salary of the assistant register

OF PROBATE AND INSOLVENCY FOR THE COUNTY OF SUFFOLK.

Be it enacted, etc., as follows :

The assistant register of probate and insolvency for the
county of Suffolk, from and after the first day of January
in the year eighteen hundred and eighty-two, shall receive
an annual salary of two thousaml dollars.

Approved April J (J, 1882.

Salary estab-
lished.

1882. — Chapter 145.

105

An Act to incorporate the Gardner water company.
Be it enacted, etc., as folloios :

Section 1. Solon L. Wiley, George William Ballou,
Walter Burnham and Edward C. Cooke, their associates
and successors, are made a corporation by the name of the
Gardner Water Company, for the purpose of furnishing
the inhabitants of Gardner with water for the extinguish-
ment of fires, and for domestic and other purposes, with
all the powers and privileges, and subject to all the duties,
restrictions and liabilities set fortli in all general laws
which now are or hereafter may be in force applicable to
such corporations.

Section 2. Said corporation for the purpose aforesaid
may take, hold and convey into and through the town of
Gardner, or any part thereof, the water, so far as may be
necessaiy for the puipose, of any spring or springs, or of
Crystal Lake, so called, within said town, .and the waters
which flow into and from the same, together with any
water rights connected therewith ; and may take and hold
by purchase or otherwise any water rights connected
therewith and any real estate necessary for the preserva-
tion and purity of such waters, or for forming any dams
or reservoirs to hold the same, or for laying and maintain-
ing aqueducts and pipes for distributing the waters so
taken and held ; and may lay its water pipes through any
private lands with the right to enter upon the same and
dig therein for the purpose of making all necessary repairs
or service connections ; and for any of the purposes afore-
said may carry its pipes under or over any water-course,
street, lailroad, highway or other way, in such manner as
not unnecessarily to obstruct the same ; and may, under
the direction of the selectmen or road commissioners, enter
upon and dig up any road or other way for the purpose of
laying or repairing its aqueducts, pipes or other works,
and in general may do any other acts and things con-
venient or proper for carrying out the purposes of this act.

Section 3. Said corporation shall within sixty days
after taking any land or water rights under the provisions
of this act, file and cause to be recorded in the registry of
deeds for the county of Worcester a description of any
land or water rights so taken sufficiently accurate for
identification, with a statement of the purposes for which
they are so taken, and the title of the land and water
rights so taken shall vest in said corporation.

Section 4. Any person injured in property by any of
the acts of said corporation under this act, and failing to

Chap. 145

Corporators.

Name and
purpose.

Powers and
duties.

May take water
of Crystal Lake.

May lay water
pipes through
private lands.

May enter upon
and dig up
roads.

To have record-
ed in the regis-
try of deeds a
description of the
land or water
rights taken.

Assessment of
damages.

106

1882. — Chapter 145.

May establish
water rates,
etc.

Real estate.

Capital stock
and bonds.

IVnalty for
divert! n;^ water
or rendering It
impure.

Company may
piirciiawe prop-
erty of the
Oardner Water
Worlca.

agree with said corporation as to the amount of damages,
may have the same assessed and determined in the manner
provided when Land is taken for highways; but no appli-
cation shall be made to the county commissioners for the
assessment of damag'es for the taking: of water rights until
the water is actually taken and diverted by said corpora-
tion. Any person whose water rights are thus taken or
aifected may apply as aforesaid within three 3''ears from
the time the water is actually taken or diverted, but not
thereafter ; and no suit for injury done under this act shall
be brought after three years from the date of the receipt
of the alleged injury.

Section 5. Said corporation may distribute the water
through said town of Gardner ; may establish and fix from
time to time the rates for the use of said water, and collect
the same ; and may make such contracts with said town,
or any fire district that may hereafter be established there-
in, or with any individual or corporation, to supply water
for the extinguishing of fires or for other purposes, as may
be agreed upon by said town or such fire district, indi-
vidual or corporation and said corporation.

Section 6. Said coi-poration may hold real estate ne-
cessary for the purposes set forth in this act ; and the
whole capital stock shall not exceed one hundred and fifty
thousand dollars, to be divided into shares of one hundred
dollars each. Said corporation may at any time issue
bonds to an amount equal to the capital stock actually
paid in, and secure the same by mortgage.

Section 7. If any person shall use any of the water
taken under the authority of this act without the consent
of said corporation, or shall wantonly or maliciously divert
the water or any part thereof so taken, or corrupt the
same, or render it impure, or destroy or injure any dam,
aqueduct, pipe, conduit, hydrant, machinery or other works
or property held, owned or used by said corporation under
the authority of and used for the purposes of this act, he
shall forfeit and pay to said corj)oration three times the
amount of damage or injury caused thereby, to be recov-
ered in an action of tort; and on conviction of either of
the wanton or malicious acts aforesaid may be punished
by a fine not exceeding three hundred dollars, or by im-
prisonment in jail not exceeding one year.

Section 8. Said corporation may purchase from tlie
Gardner Water Works, or itther owner or owners, the
atjueducts, pipes, hydrants, machiner}', reservoir, pumping
station, and other works, propert}', estate and privileges
in said town of Gardner now owned or in process of con-

1882. — Chapter 146.

107

Town may pur-
chase property
of the (iardner
Water Com-
pany.

struction by said Gardner Water Works, and by such pur-
chase shall become entitled to all the rights and privileges
and subject to all the liabilities and duties appertaining
and belonging to said Gardner Water Works.

Section 9. The town of Gardner shall have the right
at any time after the expiration of twenty years from the
passage of this act to purchase the corporate property and
all the rights and privileges of said Gardner Water Com-
pany, at a price which may be mutually agreed upon
between said corporation and said town ; and the said
corporation is authorized to make sale of the same to said
town. In case said corporation and said town are unable
to agree, then the price to be paid shall be determined by
three commissioners, to be appointed by the supreme
judicial court upon application of either party and notice
to the other, whose award when accepted by said court
shall be binding upon both parties. This authority to pur-
chase said franchise and property is granted on condition
that the same is assented to by said town by a two-thirds
vote of the voters present and voting thereon at an annual
meeting, or at a legal meeting called for that purpose.

Sectjon 10. Any owner of land or water rights taken Liability for
under this act, upon application by either party for an •^'*™*s«^-
estimate of damages, may require said corporation to give
security, satisfactory to the county commissioners for the
county of Worcester, for the payment of all damages and
costs which may be awarded to him for the land or other
property taken. If upon petition of such owner, with
notice to the adverse party, the securit}^ appears to the
said county commissioners to have become insufficient,
they shall require said corporation to give furthei- security
to their satisfaction, and all the right or authority of the
corporation to enter upon or use said land and other prop-
erty, except for making surveys, shall be suspended until
it gives the security required.

Section 11. This act shall take effect upon its passage.

Approved April 10, 1882.

An Act to include the town of winthrop in the judicial Chap. 146

DISTRICT OF THE MUNICIPAL COURT OF THK EAST BOSTON
DISTRICT.

Be it enacted, etc., as follows:

Section 1. The judicial district of the municipal
court of the East Boston district is enlarged so as to
include the town of Winthrop.

Section 2. This act shall take effect upon its passage.

Approved April 10, 1882.

Town of
Winthrop in-
cluded in dis-
trict.

108

1882. — Chapters 147, 148, 149.

Boundyry li
established.

Chap. 147 An Act to establish the boundary line between the towns

OF PETERSHAM AND DANA.

Be it enacted^ etc. , as follows :

Section 1. The boundary line between the towns of
Petersham and Dana is established to run as follows,
namely : Beginnin_(y at the point of intersection of the
present boundary line between said towns with the bound-
ary line of the town of New Salem, and thence running
in a straight line a little south of east about six hundred
and thirty-eight rods to a monument on the westerly side
of the Whitney Road, so called ; thence easterly in a
straight line about four hundred and thirty-two rods to
a monument on the east side of the Shattuck Road, so
called ; thence a little east of south in a straight line
about two hundred and ninety-four rods to a monument
near the dwelling house now or late of Hosea Carter, on
the present boundary line between said towns of Peter-
sham and Dana ; and thence on the said present boundary
line, as it now runs, to the point of its intersection with
the boundary line of the town of Barre.

Section 2. This act shall take effect upon its passage.

Approved April 10., 18S2.

Chap. 148 An Act establishing the salaries of the clerks of the

BOARD OF commissioners OF SAVINGS BANKS.

Be it enacted, etc., as follows :

Section 1. The salary of the first clerk of the board
of commissioners of savings banks shall be thirteen bun-
dled dollars a year ; the salary of the extra clerk of the
board of commissioners of savings banks shall be seven
hundred dollars a year.

Section 2. So much of section two of cliapter one
hundred and sixteen of the Public Statutes as relates to
clerical assistance is repealed.

Section 3. This act shall take effect upon its passage.

Approved April 10., 1SS2.

Chap.\4:9 An Act in relation to filing of locations by railroad

COMPANIES.

Be it enacted, etc., as follows :
FiiiiiK of loca- Section 1. Chapter one hundred and thirty-iive of

corapanil-s!''^"''*^ thc acts of the year eighteen hundred and seventy-eight is
amended so that the notice to railroad corporations author-
ized by section one may be given at any time within six
months after the passage of this act, and thereupon the

Salaries estab-
lished.

Repeal.
P.8. 116, §2.

1882. — Chapters 150, 151.

109

corporation notified shall within one year from such notice
file a location of its road or of such portion thereof as the
notice requires, with the same effect from the elate of filing
as if it had been filed under the provisions of said chapter.
Section 2. This act shall take effect upon itspassage.

Approved April 12, 1882.

An Act for the preservation of the health op females Chap. 150

EMPLOYED IN MANUFACTURING, MECHANICAL AND MERCANTILE
ESTABLISHMENTS.

Be it enacted, etc., as follows:

Section 1. Every person or corporation employing seats to be pro-
females in any manufacturing, mechanical or mercantile ^afnfemahf^'
establishment in this Commonwealth shall provide suita- employes.
ble seats for the use of the females so employed, and shall
permit the use of such seats by them when they are not
necessarily engaged in the active duties for which they are
employed.

Section 2. A person or corporation violating any of Penalty,
the provisions of this act shall be punished by fine of not
less than ten dollars nor more than thirty dollars for each
offence. Approved April 12, 1882.

An Act relating to the disposal of the remaining lands op Chap. 151

THE MARSHPEE INDIANS.

Be it enacted, etc., as follows :

Section 1. In addition to the methods provided by Disposition of
section six of chapter two hundred and ninety-three of
the acts of the year eighteen hundred and seventy for dis-
posing of the common lands in the town of Mashpee
therein mentioned, any justice of the superior court may
direct the commissioners appointed under said chapter to
appraise all said lands remaining undisposed of, and may
authorize the said commissioners to sell at private sale
and convey the same, or any portion thereof, to any of the
persons authorized to receive the proceeds of sales of said
common lands under section one of chapter two hundred
and forty-eight of the acts of the year eighteen hundred
and seventy-eight, at a price not less than such appraised
valuation ; and the deeds of said commissioners shall con-
vey valid titles in fee to the respective grantees therein.
The said commissioners shall without any further order of
the court divide the proceeds of all sales of such lands in
conformity with the provisions of said section one.

Section 2. This act shall take effect upon its passage.

Approved April 12, 1882.

common lands
in the town of
Mashpee.

1882. — Chapters 152, 153.

May construct
a main drain
or common
eewer.

May borrow
$50,000.

Chap. 152 An Act to authorize the citt op holyoke to construct a

COMMON SEWER AND PROVIDE FOR THE PAYMENT OF THE COST
THEREOF,

Beit enacted, etc., as follows:

Section 1. The city of Holyoke is authorized to con-
struct a main drain or common sewer in said city, begin-
ning at some convenient point near the intersection of
Front Street with Appleton Street, and thence running
southerly through so much of the entire remaining length
of said Front Street and the land southerly thereof as may
be deemed necessary, and emptying into the Connecticut
River. Said main drain or common sewer shall be con-
structed of such material and dimensions and within such
time as the mayor and aldermen of said city shall deter-
mine.

Section 2. For the purpose of constructing said main
drain or common sewer the said city is authorized to bor-
row a sum of monejs not exceeding fifty thousand dollars,
to be applied towards the cost and expenses incurred by
reason thereof; and for said purpose the city council of
said city shall have authorit}^ to issue notes, scrip, bonds,
or certificates of debt, to an amount not exceeding the
aforesaid sum, payable in instalments of not less than five
thousand dollars each year, and bearing interest at a rate
not exceeding six per cent, per annum. Said city council
may sell or pledge the same or any part thereof or make
any other proper disposition of the same from time to time
for the above purpose.

Section 3. Nothing in this act shall be so construed
as to impair any right which said city now has of assessing
a proportional part of the charge of making and construct-
ing main drains and common sewers upon every person
who enters his particular drain therein, or who by more
remote means receives benefit thereby.

Section 4. This act shall take effect upon its passage.

Approved April 12, 1882.

__£:: !

Chap. 153 An Act to authorize the corNxv commissioners of Middlesex

COUNTY TO ALTER, IMPROVE AND REPAIR THE HOUSE OF CORREC-
.TION at CAMBRIDGE.

Be it enacted, etc., as follows:

Section 1. The county commissioners for the county
of Middlesex are authorized to alter, improve and repair
the house of correction at Cambridge, at an expense not
exceeding one hundred thousand dollars, and for said pur-
poses may borrow a sum not exceeding one hundred thou-

Assessmenta
for betterments.

House of cor-
rection may be
repaired, etc.

1882. — Chapter 154.

Ill

sand dollars, and may employ the convicts in said house of
correction so far as their labor may be used to advantage.

Section 2. In altering, improving and repairing said Not required to

r r •• • 1 '^ . . ^ 111 J.1 have labor done

house ot correction, said commissioners shall not be re- by contract.
quired to let out by contract the labor on said buildings,
nor advertise for proposals therefor, as provided in section
twenty-two of chapter twenty-two of the Public Statutes.
Section 3. This act shall take effect upon its passage.

Approved April 13, 1882.

Ak Act authorizing towns and cities to lay out public

parks within their limits.
Be it enacted, etc., as follows :

Section 1. Any town in this Commonwealth which
accepts the provisions of this act in the manner hereinafter
prescribed may, at a legal meeting called for the purpose,
elect three competent jDcrsons who shall constitute a board
of park commissioners for such town, and may prescribe
their terms of office; and the mayor of any city which in
such manner accepts said provisions may, with the approval
of the city council, as soon as may be after such acceptance,
appoint five competent persons who shall constitute a board
of park commissioners for such city, and who shall hold
their offices until the expiration of terms of one, two,
three, four and five years respectively, from the first Mon-
day in May next following such appointment ; and the
mayor shall, before the first Monday in May in each year
thereafter, with like approval appoint one such commis-
sioner to continue in office for five years from the expira-
tion of the term of the commissioner then next outgoing.
No person shall be such commissioner who is at the same
time a selectman, or other officer of such town, or a mem-
ber of the city council, clerk or treasurer of such city;
and any such commissioner may be removed by a vote of
two-thirds of the legal voters of such town, at a legal town
meeting called for the purpose, or by a concurrent vote of
two-thirds of the whole of each branch of such city council.

Section 2. Any vacancy occurring in such board shall
be filled for the residue of the term of the commissioner
whose place is to be filled in the manner in which such
commissioner was originally appointed. Such commis-
sioners shall serve without compensation.

Section 3. Such boards of park commissioners shall
have power to locate within the limits of their respective
towns or cities a public park or parks, and for that pur-
pose from time to time to take in fee by purchase, gift.

Chap. 154

Cities and towns
may lay out
public parka.

Commissioners
to be appointed.

To serve with-
out compensa-
tion.
Vacancies.

Powers and
duties.

112 1882. — Chapter 154.

devise or otherwise, any and all such lands as they may
deem desirable therefor, or to take bonds for the convey-
ance thereof to their respective towns or cities ; to lay out
and improve any such park or parks ; to make rules for
the use and government thereof, and for breaches of such
rules to afiSx penalties not exceeding twenty dollars for
one offence, to be imposed by any court of competent
jurisdiction ; to appoint all necessary engineers, surveyors,
clerks and other officers, including a police force to act in
such parks ; to define the powers and duties of such officers
and fix the amount of their compensation ; and generally
to do all acts needful for the proper execution of the
powers and duties granted to or imposed upon such town
or city or upon such boards by this act : provided, however^
No expense to that no land shall be taken, or any other thing involving
until an appro- au expenditure of money be done under this act until an
bya^wo'thh-d^*^ appropriation sufficient to cover the estimated expense
^■°**^- thereof shall in a town have been made by a vote of two-

thirds of the legal voters present and voting in a legal
town meeting called for the purpose, or in a city by a vote
of two-thirds of each branch of the city council ; and such
expenditures shall in no case exceed the appropriations
made therefor, and all contracts made for expenditures
beyond the amount of such appropriations shall be void ;
Taking land not pvovided, further, that in a town no taking of land other-
cepted by town, wisc than by purchase shall be valid unless such taking is
reported to the town, filed, accepted and allowed, as pro-
vided by section seventy-one of chapter forty-nine of the
Public Statutes in the case of laying out town ways.
Description of SECTION 4. Such board shall, within sixty days after
recordedTn ° ° the taking of any land under this act, file and cause to be
deed87°^ recorded in the registry of deeds for the county or district
in which any land so taken is situated a description thereof
sufficiently accurate for identifying the same.
Determination SECTION 5. Sucli boards shall respectively estimate
amagcB. ^^^ determine all damages sustained by any person by the
taking of land or by other acts of such boards in the exe-
cution of the powers vested in them respectively by this
act ; but a person aggrieved by any such determination of
the board may have his damages assessed by a jury of the
superior court in the same manner as is provided by law
with respect to damages sustained by reason of the laying
out of ways. If upon trial damages are increased beyond
the award, the party in whose favor the award was made
shall recover his costs ; otherwise he shall pay costs ; and
costs shall be taxed as in civil cases.

1882. — Chapter l-U.

113

Section 6. The fee of any land taken or purchased
by such boards in any town or city for a park under this
act shall vest in the town or city in which such park is
laid out ; and such town or city shall be liable to pay all
damages assessed or determined, as provided in the pre-
ceding section, and all other costs and expenses incurred
by its board of park commissioners in the execution of the
powers vested in such board by this act. Any town or
city shall also be authorized to take and hold in trust or
otherwise any devise, grant, gift or bequest that may be
made for the purpose of laying out, improving or orna-
menting any park or parks therein.

Section 7. The boards of park commissioners in their
respective towns and cities shall have the same authority
to determine the value of, and assess upon real estate the
amount of, betterments accruing to said real estate by the
locating and laying out of a park or parks under this act
that is conferred b}' chapter fifty-one of the Public Statutes
upon boards of city or town officers authorized to lay out
streets or ways ; and the provisions of the first eight sec-
tions of said chapter relating to ways, shall apply to such
assessments by boards of park commissioners in respect to
the location and laying out of parks as aforesaid : provided,
hoivever, that no assessment shall be laid upon any real
estate except such as abuts upon the park from the laying
out of which the betterment accrues, or upon a street or
way bounded by such park.

Section 8. Any town or city in which a public park
is laid out under this act may raise, appropriate and expend
such sums of money as may be deemed best for the pur-
chase and improvement of such park or parks, subject
to the laws of this Commonwealth limiting municipal
indebtedness.

Section 9. For the purpose of defraying the expenses
incurred under the provisions of this act, the city council
of any city shall have authority to issue from time to time,
and to an amount not exceeding the sum actualh' expended
for the purchase or taking of lands for a park or parks,
bonds or certificates of debt, to be denominated on the
face thereof the " Public Park Loan," and to bear interest
at such rates and to be payable at such times as said city
council may determine. For the redemption of such loan
such city council shall establish a sinking fund sufficient,
with the accumulating interest, to provide for the payment
of such loan at maturity'. All amounts received for better-
ments shall be paid into such sinking fund until such fund

Fee of land to
be vested in city
or town.

Assessments
for bettermentB.

Proviso.

May raise
money subject
to law limiting
municipal
indebtedness.

" Public Park
Loan."

114

1882. — Chapter 154.

Land to be
(orever main-
tained as a
public park.

Military
encampment,
etc., not per-
mitted without
consent of
board.

Annual reports.

When to take
ellect.

shall amount to a sum sufficient with its accumulations to
pay at maturity the bonds for the security of which the
fund was established.

Section 10. All lands taken or held under this act
shall be forever kept open and maintained as a public
park or parks. No building covering more than six hun-
dred square feet shall be placed or allowed to remain on
any such park ; and no street or way, and no steam or
horse railroad, shall be laid out over any portion of a park
located under this act, except at such places and in such
manner as the board of park commissioners shall approve.

Section 11. No military encampment, parade, drill,
review or other military evolution or exercise shall be held
or performed on any park laid out as aforesaid except with
the consent of such board, nor shall any military body
without such consent enter or move in military order
within such park, except in case of riot, insurrection, re-
bellion or war.

Section 12. All such boards of park commissioners
shall make reports of their respective doings, including
detailed statements of all receipts, expenditures and lia-
bilities for the preceding year ; such reports to be made
in towns at the annual town meetings, and at such other
times as the town may direct, and in cities to the city
council annually in the month of December.

Section 13. This act shall not take full effect in any
town or city unless accepted by a majority of the legal
voters of such town or city present and voting thereon by
ballot and using the check list, at a meeting or meetings
notice whereof has been duly given at least seven days
beforehand. Such ballots shall be "j^es" or "no" in
answer to the question, " Shall an act passed by the legis-
lature of the Commonwealth in the year eighteen hundred
and eighty-two, entitled ' An Act authorizing towns and
cities to lay out public parks within their limits,' be ac-
cepted ? " In a town such meetings shall be called and
notified in the manner in which meetings for the election
of town officers are called and notified ; and in a city meet-
ings to act thereon shall be held at one time in the usual
voting places of the city, on such days as shall be designated
by the board of aldermen at any regular meeting, and shall
be called and notified by the board of aldermen in the
manner in which meetings for the election of municipal
officers are called and notified. The ballots cast shall be
assorted, counted, and public declaration made thereof in
open town or ward meeting, and the number of ballots

1882. — Chapter 155.

115

respectively cast sliall be registered in the town or ward
records as the case may be. The clerk of each ward in a
city shall, within forty-eight hours of the close of the polls,
make return to the board of aldermen of the number of
ballots cast in his ward in favor of the acceptance of this
act and of the number cast against its acceptance. The
selectmen and town clerk of a town and the board of alder-
men of a city in which such meeting or meetings are held
shall certify, as soon as may be thereafter, to the secretary
of the Commonwealth, the whole number of ballots cast
in favor of the acceptance of this act, and the whole num-
ber cast against its acceptance ; and if it shall appear that
a majority of the ballots have been cast in favor of accept-
ance, the said secretary shall immediately issue and publish
his certificate declaring this act to have been duly accepted
by such town or city.

Section 14. No second meeting for the purpose of second meeting

J^ .• c /• xi • J- I n 1 not to be called

voting upon the question or accepting triis act snail be within twelve
called within twelve months from the first, unless the Srst.^'"°'°
first meeting shall have failed through illegality or irregu-
larity in the proceedings.

Section 15. This act shall take effect upon its passage.

Approved April 13, 1882.

An Act to authorize the cities of boston and Cambridge Chap. 155

TO construct and maintain a bridge over CHARLES RIVER.

Beit enacted, etc., asfolloivs:

Section 1. The cities of Boston and Cambridge are Bridge over
authorized to construct a bridge and avenue across Charles between Boston
River, from a point on Beacon Street in Boston, to a point ^"'i Cambridge.
in Cambridge west of the westerly line of the Boston and
Albany Railroad. The location of said bridge and avenue
shall be determined by the city councils of said cities act-
ing separately, subject to the approval of the board of
harbor and land commissioners so far as it affects the har-
bor, and subject moreover to the limitation that the line
thereof shall not be north-east of a line drawn from the
junction of Beacon Street and West Chester Park in Bos-
ton, to the junction of the harbor line with Front Street,
extended, in Cambridge, nor south-west of a line drawn
from the junction of Beacon Street, Brookline Avenue
and Brighton Avenue in Boston, to the junction of the
Boston and Albany Railroad with Putnam Avenue, ex-
tended, in Cambridge. Said bridge shall have a draw Draw to be
with a clear opening of at least thirty-eight feet in width f^t'^vrdef""
for the passage of vessels.

116

1882. — Chapter loo.

Materials of
structure.

Bridge to be
built by cities
jointly.

Each city may
take lands
within its own
limits.

Distribution of
expense of
building.

Coramlssioners
to be appointed.

Expense of
keeping In
repair.

Section 2. Said bridge shall be constructed of such
materials as the t^aid cities may agree upon, but on iron or
stone piers and abutments, to be of such size, shape and
construction, and be at such distance from one another, as
the said board of harbor and land commissioners upon
application made by said cities upon such notice as said
board may deem proper, and after a hearing thereon shall
determine and certify to each of said cities ; and no pier
or abutment shall be built except in accordance with such
certificate. The avenue, with the exception of the portion
between the harbor lines, may be constructed of solid fill-
ing, with the approval of the said board of harbor and land
commissioners. Neither city separately shall enter upon
the construction of said bridge, but they shall jointly pro-
ceed to construct the same in accordance with plans to be
submitted to and approved by the councils of said cities
concurrently, and by the said board of harbor and land
commissioners.

Section 3. Each city may within its own limits pur-
chase or otherwise take lands, not exceeding one hundred
and twenty-five feet in width, for said bridge and avenue ;
and all the proceedings relating to such taking shall be
the same as in the case of land taken for highways within
said cities respectively, with like remedies to all parties
interested ; and betterments may be assessed for the con-
struction of said bridge and avenue in each city in like
manner as for the laying out of highways under the better-
ment acts in force in each city respectively, with like
remedies to all parties interested.

Section 4. Each of said cities shall bear the expense,
including land damages, of constructing such part of said
bridge and avenue as lies upon its own side of the Charles
River ; but the expense of constructing so much thereof,
including the draw, as shall lie between the harbor lines,
shall be borne by both cities in such proportion as may be
agreed upon by the two cities. The care and management
of said bridge and draw shall be vested in a board of com-
missioners consisting of one person from each city, chosen
in accordance with such ordinances as said cities shall
respectively establish, and until such commissioners are
chosen the mayors of said cities shall er officii)* constitute
such commissioners.

Section 5. Said avenue and bridge when completed
shall be a public highway, and the expense of maintaining
in repair that part thereof which lies between the harbor
lines, and of keeping the draw in repair, and of tending

1882. — Chapters 156, 157.

117

Bonds may be
issued by each
city.

the draw day and night for tlie passage of vessels, shall be
borne equally by the two cities, and all damages recovered
by reason of any defect or want of repair in that part of
the bridge between the harbor lines, or in the draw, shall
be paid equally by said cities.

Section 6, Said avenue may cross at grade any rail- Avenue may
road operated by steam, and the board of railroad, com- at g?ade. '^°*'
missioners shall, upon the application of either city or any
railroad corporation, prescribe the details of the crossing,
and certify to the parties its decision, which decision may
be enforced by proper process in equity.

Section 7. Each of said cities may issue bonds in
paj'ment in whole or in part of the expense incurred by it
under this act. Such bonds may bear interest, payable
semi-annually, at a rate not exceeding six per cent, per
annum, and shall be payable at such time not less than
ten nor more than thirty years from their respective dates,
as shall be determined by said cities respectively, and
expiessed upon the face of the bonds. Nothing, however,
contained herein shall warrant an increase of municipal
indebtedness beyond the limitations prescribed by section
four of chapter twenty-nine of the Public Statutes.

Section 8. This act shall be void unless that portion Tobecon-
of the bridge between the harbor lines shall be constructed ten yeLsT' ""
within ten years from the passage hereof.

Approved April 14, 1882.

An Act to establish the salary of the district-attorney Chap. 156

FOR the eastern DISTRICT.

Be it enacted, etc., as follows :

Section 1. The salary of the district-attorney for the salary
eastern district shall hereafter be twenty-four hundred ^^*'^^''«'^^'^-
dollars a year.

Section 2. This act shall take effect upon its passage.

Approved April 14, 1882.

An Act to provide for the appointment of an assistant Chap. 157

DISTRICT-ATTORNEY FOR THE EASTERN DISTRICT.

Beit enacted, etc., as follows:

The district-attorney for the eastern district may ap-
point an assistant district-attorney, removable at his pleas-
ure, to assist him in the performance of his official duties,
who shall receive out of the treasury of the county of
Essex a salary of one thousand dollars a year, and at that
rate for any part of a year.

Approved April 14, 1882.

May appoint an
assistant.

118

1882. — Chapters 158, 159, 160.

Chap. 158 An Act relating to the distribution of public documents.
Be it enacted, etc., as follows:

Section ten of chapter four of the Public Statutes is
hereby amended by inserting the words " and assistant
clerks " after the word " clerks " in line two, and after the
word " clerks " in line one, paragraph three of said section.

Approved April 14, 1882.

Araendment to
P.8. 4, § 10.

May increase
water loan.

Chap. 159 An Act to authorize the city of taunton to increase its

WATER LOAN.

Be it enacted, etc., as follows :

Section 1. The city of Taunton, for the purposes
mentioned in section five of chapter two hundred and
seventeen of the acts of the year eighteen hundred and
seventy-five and chapter seventy-four of the acts of the
year eighteen hundred and eighty, may issue notes, scrip,
bonds or certificates of debt, to be denominated on the
face thereof "• Taunton Water Loan," to an amount not
exceeding one hundred thousand dollars, in addition to
the amounts which said city is now authorized to issue, to
be issued upon the same terms and conditions and with the
same powers as are provided in said chapter two hundred
and seventeen for the issue of bonds of said city : provided,
that the whole amount of such water scrip, notes, bonds
or certificates of debt issued by said city for the purposes
of said water loan hereunder and under said chapter two
hundred and seventeen and the acts in addition thereto
shall not in any event exceed the amount of four hundred
and fifty thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved April 14, 1882.

Increase not to
exceed $100,000.

Proviso.

Fisheries
eelablislied.

Chap. 160 -A-N Act relative to the fisheries in granite or goose cove

POND IN THE CITY OF GLOUCESTER.

Be it enacted, etc., as follows:

Section 1. David Babson of Rockport shall have the
exclusive right in Granite or Goose Cove Pond in the city
of Gloucester for the purpose of cultivating lobsters and
other useful fish until the first day of September in the
year eighteen hundred and eighty-three.

Section 2. This act shall take effect upon its passage.

Apjjroved April 15, 1882.

1882. — Chapter 161.

119

An Act in addition to " an act making appropriations for

EXPENSES authorized THE PRESENT YEAR AND FOR OTHER
PURPOSES."

Be it enacted, etc., as follows:

For additional clerical assistance in the department of
the treasurer and receiver-general, a sum not exceeding
one thousand two hundred dollars, as authorized by chap-
ter one hundred and eleven of the acts of the present
year; the same to be in addition to the amount heretofore
appropriated.

For the salary of the judge of probate and insolvency
for tlie county of Middlesex, five hundred dollars, as
authorized hy chapter one hundred and twenty-nine of the
acts of the present year ; the same to be in addition to
the amount heretofore appropriated.

For the overseers of the poor of the citj^ of New Bed-
ford, three hundred and forty-six dollars and seventy-one
cents, as authorized by chapter thirteen of the resolves of
the present j^ear.

For repairs of the buildings of the State Normal School
at Bridgewater, one thousand five hundred dollars, as
authorized by chapter seventeen of the resolves of the
present year.

For the Massachusetts Charitable Eye and Ear Infirmary,
ten thousand dollars, as authorized by chapter eighteen of
the resolves of the present year.

For repairing the dwelling-house of Samuel C. Cisco
and Sarah M. Cisco, membei's of the Hassanamisco tribe
of Indians, two hundred dollars, paj'able to the selectmen of
the town of Grafton, as authorized by chapter nineteen
of the resolves of the present year.

For Fanny Ross, two hundred dollars, as authorized by
chapter twenty-one of the resolves of the present year.

For the State Normal School at Worcester, one thou-
sand dollars, as authorized by chapter twenty-two of the
resolves of the present year.

For Augustus N. Davis, three hundred dollars, as
authorized by chapter twenty-three of the resolves of the
present year.

For William B. F. Whall, one hundred dollars, as

Chap.l^l

Appropriations.

Treasurer.

Judge of
probate, etc.,
for Middlesex.

Overseers of
poor of New
Bedford.

Normal School
at Bridgewuler.

Eye and Ear
Infirmary.

Hassanamisco
Indians.

Fanny Ross.

Normal School
at Worcester.

Augustus N.
Davis.

W. B. F.
Whall.

120

1882. — Chapter 161.

Town of
Quincy.

Bureau of
Btatistics of
1 abor.

Town of
Charlemont.

Report of trus-
tees of Agricul-
tural College.

Laws relating
to public
schools.

Rice and
Hutchins.

Towns of Otis,
Sandisfield, and
Tolland.

State Primary
Rchool at
Monson.

War records.

Committee on
railroads.

BountieH to

MaMsacliuwi'tta

volunleerB.

Specia

authorized by chapter twenty-four of the resolves of the
present year.

For the town of Quincy, one hundred and thirty-seven
dollars and twenty-five cents, as authorized by chapter
twenty-five of the resolves of the present year.

For clerical services and for expenses of the bureau of
statistics of labor, a sum not exceeding one thousand
dollars, as authorized by chapter twenty-six of the resolves
of the present year ; the same to be in addition to the
amount heretofore appropriated.

For the town of Charlemont, three hundred and eighty-
six dollars and fifty cents, as authorized by chapter
twenty-eight of tlie resolves of the present year.

For printing additional copies of the report of the
trustees of the Agricultural College, a sum not exceeding
two hundred dollars, as authorized by chapter thirty-one
of the resolves of the present year.

For the publication of a new edition of the statutes
relating to public schools, five hundred dollars, as author-
ized by chapter thirty-two of the resolves of the present
year.

For Rice and Hutchins, one thousand seventy-eight
dollars and ninety-two cents, as authorized by chapter
thirty-four of the resolves of the present year.

For the town of Otis, sixteen thousand dollars; for the
town of Sandisfield. twenty-four thousand dollars ; for the
town of Tolland, fifteen thousand dollars, as authorized
by chapter thirty-five of the resolves of the present year.

For painting the buildings of the State Primary School
at Monson, a sum not exceeding two thousand five hun-
dred dollars, as authorized by chapter thirty-six of the
resolves of the present year.

For continuing the work on the war records in the
department of the adjutant-general, two thousand dollars,
as authorized by chapter thiity-seven of the resolves of
the present year.'

For expenses incurred by the committee on railroads of
the present legislature, three hundred dollars, as authorized
by an order of the House of Representatives adopted
March fourteenth eighteen hundred and eighty-two.

For bounties to Massachusetts volunteers, in accordance
with the provisions of chapter one lumdred and twelve of
the acts of the present year, a sum not exceeding five
hundred dollars.

For the publication of certain special laws, in accordance
with the provisions of chapter twenty-one of the resolves

1882. — CHArxERs 162, 163. 121

of the year eighteen luindred and eighty-one, a sum not
exceeding five thousand dollars.

For expenses of summoning witnesses before committees, witnesseB

drnn !•, , J- XI before comtnit-

lor tees tor such witnesses, a sum not exceeding hve tees.

hundred dollars ; the same to be in addition to the amount

heretofore appropriated.

For rebindiuCT for preservation such number of the vol- ReWnding

p . y -^ , T . . , • ,1 1 • ancient records

umes ot ancient records and original papers in the archives
of the Commonwealth, under the direction of the secre-
tary of the Commonwealth, as may be necessary, a sum
not exceeding five hundred dollars.

Section 2. This act shall take effect upon its passage.

Approved Ajml 19, 1882.

An Act relating to the fencing of railroads. Chap. 162

Be it enacted., etc., as follorvs :

Section 1. Section one hundred and fifteen of chapter Railroads to be
one hundred and twelve of the Public Statutes is hereby exempted by
amended by striking out the words " county commissioners mi'gg°oner8""
of the 6ounty in which such places are situate," and
inserting in place thereof the words " board of railroad
commissioners."

Section 2, No exemptions heretofore made shall be Revocation of
revoked except upon^ new proceedings had under the heretofo?r
provisions of the Public Statutes as hereby amended ; ™'*'^'^-
notice of such proceedings shall be given to the railroad
corporation or corporations interested, and published once
a week for three successive weeks in some newspaper
published in eacli county in which the lands are situated.

Section 3. This act shall take effect on the first day To take effect
of August in the year eighteen hundred and eighty-two. "^' '

Approved April 19, 1882.

An Act for the protection of forests against fires. Chap .\Q^
Be it enacted, etc., as follows :

Section 1. Whoever wantonly and recklessly sets fire Penalty for
to any material which causes the destruction or injury of tree's"^
any growing or standing wood of another shall be punished
by fine not exceeding one hundred dollars or by imprison-
ment in the jail not exceeding six months.

Section 2. This act shall take effect upon its passage.

Approved April 19, 1882.

.16

122

1882. — Chapters 164, 165, 166.

Construction
of thi; word8
" mayor and
aldermen."

Chap. 164 An Act to define the meaning of the words mayor and

ALDERMEN.

i?e it enacted, etc., as folloios :

Section 1. In all laws relating to cities, the words
mayor and aldermen shall, unless provision is or shall be
otherwise made, be construe'd to mean board of aldermen,
any thing in the charter of any city or in any act in
amendment thereof to the contrary notwithstanding : pro-
vided, hoivever, that all appointments which are directed
to be made by the mayor and aldermen shall be made in
accordance with existing provisions of law.

Section 2. This act shall take effect upon its passage.

Approved April 19, 1882.

Chap. 165 An Act relating to the assessment of taxes on the per-
sonal ESTATE OF INSOLVENTS, JOINT OWNERS, AND TENANTS
IN COMMON.

Be it enacted, etc., as follows :

Section 1. Section twenty of chapter eleven of the
Public Statutes is hereby amended by adding thereto the
following words : '■'• Eighth. Personal property taxable as
such, held in trust by an assignee or assignees under the
insolvent law or any bankrupt law or under any voluntar}'
assignment for the benefit of creditors, shall be assessed
to such assignee or assignees in the place where the in-
solvent bankrupt or assignor had his principal place of
business ; and if he had no such place of business, then
in the place of his residence. Ninth. Personal property
of joint owners or tenants in common other than partners
shall be assessed to such owners, according to their respec-
tive interests, in the places where they respectively reside.''

Section 2. This act shall take effect upon its passage.

Approved Ajyril 19, 188 2.

Assessment of
taxes upon per-
sonal property
held in trust by
an assiijnee
under the insol
vent law.

Personal prop
erty of joint
owners, etc.

Chap. 166

Salmon and
shad (islieries
rtgulated.

An Act relative to fishing in the merrimack river.
Be it enacted, etc., as follows:

Section 1. The penalties provided by chapter ninety-
one of the Public Statutes relative to fishing in the Merri-
mack River shall not apply to or be in force against any
person drawing a net or seine after the twentieth day of
June in each year at any point below the Essex Merrimack
Bridge in said river, unless such person shall take salmon
or shad, nor shall a person taking a salmon or shad while
thus lawfully fishing and immediately returning it alive to
the waters from which it was taken be liable to any of the
aforesaid penalties.

1882. — Chapters 167, 168.

123

Charter
amended.

Officers to be
chosen.

Section 2. No penalty shall be incurred by any one no penalty for
taking sturgeon in the tidal waters of the Merrimack '^ '"^ '^'^"""
River: provided, that no net or seine having a mesh which
stretches less than twelve inches shall be used in taking
the same.

Section 3. This act shall take effect upon its passage.

Approved Ajnil 19, 1882.

An Act to amend "an act to incorporate the subterranean Chap. 167

CABLE COMPANY OF BOSTON."

Be it enacted, etc., as follows :

Section 1. Chapter two hundred of the acts of the
year eighteen hundred and seventy-nine, incorporating
the Subterranean Cable Company of Boston, is amended
by striking out sections two, three and four and substi-
tuting therefor the following two sections: "Section 2.
The capital stock of said corporation shall be one million capuai stock,
dollars, all of which shall be paid in in cash before said cor-
poration shall commence business ; and said capital stock
may be increased from time to time by vote of the corpo-
ration to an amount not exceeding two million dollars.
Section 3. The stockholders of said corporation shall
annually in the month of April at a meeting duly called
for the purpose, elect a clerk, treasurer and a board of not
less than five nor more than fifteen directors, who shall
perform the duties usually exercised by such officers.
Any vacancy in either of said offices may at any time be Vacancies,
filled by the board of directors until the next annual
meeting of the corporation."

Section 2. This act shall take effect upon its passage.

Approved April 19, 1882.

An Act to authorize the city of boston to issue a public Chap. 168

PARK LOAN.

Be it enacted, etc., as follows:

For the purpose of defraying the expenses incurred May issue a
under the provisions of chapter one hundred and eighty- Loan."'"
five of the acts of the year eighteen hundred and seventy-
five, entitled " An Act for the laying out of public parks
in or near the city of Boston," and of any acts in amend-
ment thereof or addition thereto, the city council of the
city of Boston shall have authority to issue, from time to
time, and to an amount not exceeding the amount actually
expended for the purchase or taking of lands or flats for
park purposes, bonds or certificates of debt to be denomi-
nated on the face thereof "Public Park Loan," to bear

124

1882. — Chapters 169, 170.

Sinking fund to
be established.

Hopkinton
excluded from
judicial dis-
trict.

interest at a rate not exceeding six per centum per annum,
and to be payable at such periods as said city council may
determine, not exceeding thirty years from their respective
dates. For the redemption of such loan said city council
shall establish a sinking fund sufficient with the accumu-
lating interest to provide for its payment at maturity.
All sums received for betterments from the laying out of
public parks shall be paid into said sinking fund until such
fund shall amount to a sum sufficient with its accumula-
tion to pay at maturity the bonds for the security of which
the fund was established. Approved Ajjril 19, 18S2.

Chap. 169 An Act to take the town op hopkinton from the judicial

DISTRICT OF THE FIRST DISTRICT CODRT OF SOUTHERN MID-
DLESEX.

Beit enacted, etc., as follows:

The town of Hopkinton shall not hereafter be included
in the judicial district of the first district court of Southern
Middlesex ; but no suit or other matter pending in said
court shall be affected hereby.

Approved April 19, 1882.

Chap. 170 An Act for securing better drainage and for the preser-
vation OF THE PUBLIC HEALTH IN THE CITY OF LAWRENCE.

Beit enacted, etc., as follows:

Section 1. The city council of the city of Lawrence
may fix the boundaries of the Spicket River, in said city,
and for that purpose may alter, change, widen, straighten
and deepen the channel of said Sj)icket River, and remove
obstructions therefrom, and may use and appropriate said
channel as improved, cover it, pave it, and enclose it in
retaining walls, and lower or raise the surface of the water
in said (;hannel from the present level, so far as the said
city council shall adjudge necessar}'^ for the purposes of
sewerage, drainage and the preservation of the public
health.

Section 2. The said city council may, in pursuance
of said scheme for improving the valley of said Spicket
River, lay out, construct and maintain such sewers as it
ma}'^ adjudge necessary for drainage and the preservation
of the public health.

Section 3. The said city council may establish grades
in the different parts of said valley as it may adjudge to
be necessary for the (3omplete diainage thereof and the
preservation of the public health, and may from time to
time reqiiiie the owners of land in said \alley, or any of

May alter chan-
nel of Spicket
River for pur-
poses of di-ain-
age.

M.iy maintain
sewers, elc.

May establish
gnuk-H, and
require owni-rs
to r:iise llidr
lands to the
jjrades estab-
lished.

1882. — Chapter 170.

125

them, to raise the surface of said land to the established
grade, and to fill the same with good materials to the ap-
proval of said city council. All orders under this section
shall be made in writing, and served in the mode provided
for serving orders of boards of health for the abatement
of nuisances.

Section 4. If any owner of land so required to be
filled fails to comply with any such order within six
months after service thereof, the said city council may
cause the same to be filled with proper materials to the
established grade ; and all necessary expenses incurred
thereby shall be a lien on said land, and may be collected
as provided in section eleven of this act.

Section 5. Any person dissatisfied with the assess-
ment, so made upon his land for the expense of filling the
same, may give notice thereof in writing to the said city
council within six months after such assessment is made,
and the said city shall thereupon take said land.

Section 6. The said city may take and hold by purchase
or otherwise, such lands, water rights, dams, easements
and other real estate as said city council may adjudge
necessary for the purposes of this act, including land
whereby to obtain materials for such grading. If said
city or its agents do not agree with the owner of any
such lands or rights to purchase the same, the said city
may take the same.

Section 7. Within sixty days after the taking of any
land under the preceding sections, the said city council
shall cause to be filed and recorded in the registry of deeds
for the northern district of the county of Essex a descrip-
tion of the land so taken sufficiently accurate for identifi-
cation, with a statement that the same is taken pursuant
to the provisions of this act, which description and state-
ment shall be signed by the mayor of said city ; and the
title to the land so taken shall vest absolutely in the city.

Section 8. If any person whose land or rights are
taken under this act agrees with said city upon the dam-
age done to him by such taking, the same shall be forth-
with paid to him by said city. If any person whose land
or rights are so taken, or who suffers damage or injury
in his property or rights from any act of said city or its
agents in the execution of the powers conferred by this
act, cannot agree with said city as to the value of the
estate so taken or as to the injury so suffered, he may
have the amount of damages sustained by him assessed
by the county commissioners for the county of Essex, on

If owner fails
to fill land, it
may be done by
the city.

City to take
land if owner
is dissatisfied
with assess-
ment.

City may take
any lands, etc.

To have re-
corded in
registry of
deeds a descrip-
tion of the
land taken.

Liability for
damages.

126

1882. — Chapter 170.

Rights and
remedies of
persons having
separate rights
in the same
property.

Assessments for
betterments.

Assessment to
be lien upon
estate for two
years.

Person ng-
griivcd luiiy
apply for a
Jury.

application made by him to them in writing within one
year after such taking or surrender ; and either party dis-
satisfied with the award of the county commissioners may
apply, within six months after the filing of their award,
to the superior court for said county of Essex for a jury
to assess such damages. The proceedings before the
county commissioners and the superior court shall be simi-
lar to those in case of land taken for highways. The said
city shall forthwith pay to such persons as may be entitled
thereto all such sums as ma}^ be finally determined to be
due them, with all interest and costs awarded therewith.

Section 9. The respective rights and remedies of
persons having different or separate rights in the same
property as to the disposition of damages awarded to them
and agreed to by them shall be the same in all respects as
they now are in case of property taken in laying out
highways.

Section 10. If in the opinion of the city council of
said city any real estate receives any benefit and advan-
tage from the improvements made under this act beyond
the general advantage to all the real estate in said city, it
shall determine the value of such benefit and advantage to
such real estate, and may assess upon the same a propor-
tional share of the expense of such improvements. Such
valuation and assessment may, if the city council so order,
be made separately for sewers constructed under this act,
and for other work done under it. Such assessment shall
be made after the work for which it is laid is completed,
and within two years from its completion.

Section 11. The sum so assessed shall be a lien upon
any such real estate for two years after it is assessed, and
if not paid within ninety days after notice of such assess-
ment is served upon the owner of any such real estate, or
is left at his last and usual place of abode, if he is a resi-
dent of said city, or if the owner is a noi)-resident, after
such notice is served by publishing the same once a week
for three successive weeks in some newspaper published
in said city, and also personally, if the place of residence
of such non-resident is known to the collector of taxes, the
amount assessed may be collected by a sale of such real
estate, conducted in the same manner as a sale of real
estate for the non-payment of taxes ; or, at the election of
said cit}', the amount so assessed, or any part thereof, may
be collected by a suit at common law. Any person ag-
giieved at the amount so assessed upon his real estate
may, at any time within ninety days after receiving notice

1882. — Chapter 171.

127

of such assessment, apply to the superior court for said
county for a jury to revise such assessment in the manner
provided in section eight of this act. The lien for the sum
so assessed, and costs accruing thereon, shall continue for
one year after final judgment upon said application, unless
the sum found due is sooner paid; but if judgment shall
be rendered sustaining such assessment in any part, said
city, on motion, may have an execution in common form
therefor; and the lien upon such real estate sliall there-
upon cease. If such assessment shall be declared void for
any defect, re-assessment may be made as is provided in
case of the re-assessment of taxes.

Section 12. In every case where a jury is applied for
under this act the party in whose favor the award or assess-
ment appealed from is changed shall be considered as the
prevailing party, and shall recover costs

Section 13. The city of Lawrence is authorized to lay
railway tracks through any street of said city, and main-
tain them so long as may be necessary to enable earth and
other material to be transported to fill the said district
under the provisions of this act.

Section 14. The powers conferred by this act, except
so far as the taking of lands and rights are concerned, may
be delegated by said city council to such board of commis-
sioners as it may by ordinance establish, or the said powers
may be exercised directly by said city council.
• Section 15. This act shall take effect upon its accept-
ance, at any time within two years from its passage, by an
order passed by a two-thirds vote of all the members of
each branch of the said city council, voting by yeas and
nays, and approved by the mayor of said city.

Approved April 19, 1882.

An Act to fix the capital stock of the pocasset manufac- Chap. 171

TURING COMPANY OF FALL RIVER.

Be it enacted, etc., as follows :

Section 1. The capital stock of the Pocasset Manu-
facturing Company of the city of Fall River, incorporated
by an act of the general court approved the eighth day of
February in the year eighteen hundred and twenty-two,
is fixed at the sum of one million one hundred and sixty-
one thousand dollars, divided into eleven thousand six
hundred and ten shares of one hundred dollars each, to be
divided amongst its present stockholders in proportion to
their respective interests. Said corporation may from
time to time increase its capital stock to an amount not

Recovery of
costs.

City may lay
railway tracks
through streets.

Powers may be
exercised by
commissioners.

Subject to
acceptance by
two-thirds vote
of the city
council.

Capital stock
fixed at
$1,161,000.

May increase
capital stock.

128

1882. — Chapter 172.

Conditions to
be complied
with.

exceeding in the whole one million five hundred thousand
dollars.

Section 2. If said corporation, by vote of a majority
in interest of its stockholders at a legal meetingf called for
the purpose, shall within six months from the passage of
this act vote to accept this act, and shall within said six
months cause to be recorded in the registry of deeds for
the northern district of the county of Bristol a certificate,
signed by its president, treasurer, clerk, and a majority of
its directors, stating the amount of its debts and credits,
and an estimate of its real and personal estate for the
purpose of carrying on its business, at the time of mak-
ing such certificate, and that the value of its property over
and above all its debts and liabilities is not less than the
amount of its capital stock as fixed by this act ; and if said
officers shall make oath that they have carefully examined
the records and accounts of said corporation, and faithfully
estimated the value of the property and funds thereof,
and that said certificate by them signed is true according
to their best knowledge and belief, then said corporation,
together with its members and officers shall be entitled
to the same rights, privileges and immunities, and be
subject to the same liabilities and provisions of law as if
said corporation had been organized under the provisions
of chapter one hundred and six of the Public Statutes
with a capital stock fully paid in as required by said chap-
ter, and had duly made and filed the certificate mentioned
in section forty -six of said chapter.

Section 3. Nothing contained in this act shall affect
or impair any debts or obligations existing at the time of
recording said certificate.

Sp]CTION 4. This act shall take effect upon its ac-
ceptance as provided in section two.

Approved April 19, 1882.

Chap. 112 An Act to provide for the confirmation of certain deeds

AND LEASES OF THE TUUXEU's FALLS COMPANY.

Be it enacted, etc., as follows:

Section. 1. The Turner's Falls Company may, by a
vote of its stockholders at a meeting duly called for the
purpose, ratify and confirm any deeds or leases of real
estate or water power lieretofore made in the name of
said company as grantor or lessor, and all deeds and
leases so ratified and confirmed shall have the same force
and effect as if they liad been made and executed by due
authority of said company : provided, however, that such

Debts and obli-
gations not im-
paired.

May by vote
confirm deeds
and leases.

1882. — Chapter 173.

129

ratification and confirmation shall not impair the right or
title of any person or corporation claiming under said com-
pany by force of any deed, lease, attachment or levy made
previous to the passage hereof.

Section 2. The said corporation may exercise and
enjoy all the rights, privileges and powers conferred upon
it by sections one and three of chapter one hundred and
ninety-eight of the acts of the year eighteen hundred
and seventy- four, notwithstanding any thing which may
be to the contrary contained in chapter one hundred and
forty-eight of the acts of the year eighteen hundred and
eighty.

Section 3. This act shall take effect upon its passage.

Approved April 19, 1882.

Powers and
privileges.

firmed.

An Act relating to the incorporation and locations of Chap. 173

TUE CHARLES RIVER STREET RAILWAY COMPANY.

Be it enacted, etc., as follows:

Section 1. The certificate issued by the secretary of charter con-
the Commonwealth on the twenty-sixth day of August
in the year eighteen hundred and eighty-one, certifying
that Samuel L. Montague, Charles E. Kaymond, Daniel
U. Chamberlain and others, their associates and success-
ors, were legally established as a corporation under the
name of the Charles River Street Railway Company, for
the purpose of locating, constructing, maintaining, and
operating a street railway for the conveyance of persons,
with all the powers and privileges, and subject to all the
duties, liabilities and restrictions set forth in all general
laws which then were or hereafter might be in force
relating to street railway companies, is ratified and con-
firmed ; and said corporation shall be deemed and taken
to have been then duly established, and it shall exercise
and enjoy the aforesaid powers and privileges, and shall
be subject to the aforesaid duties, liabilities and restrictions,
except so far as the same are modified and controlled by the
provisions of this act.

Section 2. All locations heretofore granted to said
corporation by the boards of aldermen of the cities of
Cambridge and Somerville are ratified and confirmed and
shall be deemed and taken to have been duly granted, and
said corporation shall have power to maintain and use the
same, subject to the provisions of section forty-eight of
chapter one hundred and thirteen of the Public Statutes:
provided, the tracks of said corporation shall not cross the proviso.
Fitchburg Railroad at grade without the consent of the
board of railroad commissioners.

Locations con-
firmed.

130

1882. — Chapter 174.

May construct
railway with
elnglti or double
tracks.

May be allowed
to enter upon
trackH of otlier
street railway
corporations.

Section 3. Said corporation may construct, maintain
and use its railway with single 6r double tracks, and with
convenient and suitable turnouts, from a point on Coolidge
Avenue in the town of Watertown, opposite the southerly
entrance to Mount Auburn Cemetery over said avenue to
Mount Auburn Street in the city of Cambridge, there to
connect with the location heretofore granted to said cor-
poration ; also from a point on Brookline Bridge at the
dividing line between the cities of Cambridge and lioston
over said bridge and Brookline Street to and across
Brighton Avenue in the city of Boston, to and into Essex
Street in the town of Brookline, to a point at or near
Cottage F'arm station on the Boston and Albany Railroad ;
and, subject to the proviso contained in section two in
regard to crossing the Fitchburg Railroad at grade, upon
and over such other highways in said cities of Boston,
Cambridge and Somerville and the towns of Watertown and
Brookline as locations thereon may hereafter from time to
time be granted by the boards of aldermen of said cities or
the selectmen of said towns.

Section 4. The board of aldermen of the city of Bos-
ton may from time to time, upon petition of said Charles
River Street Railway Company, after due notice and hear-
ing, grant to said corporation the right to enter upon and
use the tracks of any other street railway corporation in
said city, and compensation shall be made therefor as pro-
vided by law ; and said Charles River Street Railway
Company, or any other party interested, may appeal from
any decision of said board of aldermen, made upon any
such petition, to the board of railroad commissioners, and
said board of lailroad commissioners may decide upon any
such petition, and, in case it grants the same, may deter-
mine the extent of use of tracks, and the number and routes
of cars.

Section 5. This act shall take effect upon its passage.

Approved Ajml 19, 1S82.

Chap. \14i An Act authorizing the appointment of additional pilots

FOR PORTS OTHKR THAN THE PORT OF BOSTON.

Be it enacted, etc., as follows :

Section 1. The governor, by and with the advice and
consent of the council, ma}', for the ports of Massachusetts
other than the port of Boston, ap{ioint pilots in addition
to those now authorized by law. No suih ajipointment
shall bo made for a port where the recomnuMulation of any

Additional
pilotH may be
appointed.

1882. — Chapter 175.

131

society or persons is now required by law unless a certifi-
cate of qualification from such society or persons is fur-
nished : provided, that if such society or persons decline rroviso.
or neglect for three months after application to them to
certify either affirmatively or negatively as to the qualifica-
tions of an applicant, the appointment may be made without
such certificate. Such society or persons may also certify
to the governor their judgment as to the need of additional
appointments for the good of the service. Pilots appointed
by virtue of this act shall be subject to all existing pro-
visions of law not conflicting herewith.

Section 2. This act shall take effect upon its passage.

Approved April 19, 1882.
An Act relating to the assessment of taxes upon mort- Chap. 175

GAGED REAL ESTATE.

Be it enacted, etc., as follows:

Section 1, Any mortgagor or mortgagee of real estate Assessment of
may bring in to the assessors of the town or city where mortgagedreai
such real estate lies, within such time as shall be specified ^»^^^'^-
for bringing in the lists as provided in section thirty-eight
of chapter eleven of the Public Statutes, a statement, under
oath, of the amount due on each separate lot or parcel of
such real estate, and the name and residence of every
holder of an interest therein as a mortgagee or mortgagfor.
When such property is situated in two or more places, or
when a recorded mortgage includes for one sum two or
more estates or parts of an estate, an estimate of the
amount of the mortgagee's interest in each estate or part
of an estate shall be given in such statement. The assess-
ors shall, from such statements or otherwise, ascertain the
proportionate parts of such estates that are the interests of
mortgagees and mortgagors respectively, and shall assess
the same. Whenever, in any case of mortgaged real estate,
a statement is not brought in as herein provided, no tax
for the then current year on such real estate shall be inval-
idated for the reason that a mortgagee's interest therein
has not been assessed to him.

Section 2. The provisions of the preceding section Notice to assess-
shall be included in the notice to be given by the assessors ^^^'
under the provisions of section thii-ty-eight of chapter
eleven of the Public Statutes.

Section 3. Section fourteen of said chapter eleven is Amendment to
hereby amended by striking out the words "taxable real I'-^-i^'S^^-
estate," in the first line of said section, and inserting in

132

1882. — Chapters 176, 177.

Clerk to be
appointed.

place thereof the words " real estate not exempt from taxa-
tion under the provisions of section five of this chapter."
Section 4. This act shall take effect upon its passage.

Approved April 21, 1S82.

Chop. 176 An Act providing for a clerk for the police court of

CHELSEA.

Be it enacted, etc., as follows :

Section 1. There shall be a clerk of the police court
of Chelsea, who shall be appointed in accordance with the
provisions of law relating to the appointment of clerks of
police courts, and who shall enter upon the discharge of
his duties on the first day of June in the year eighteen
hundred and eighty-two.

Section 2. Said clerk shall be subject to all the pro-
visions of law applicable to clerks of police courts.

Section 3. Said clerk shall receive from the county
of Suffolk an annual salary of eight hundred dollars.

Section 4. This act shall take effect upon its passage.

Approved April 21, 1882.

An Act to authorize the eastern railroad company to issue
preferred stock in exchange for certificates of indebt-
EDNESS.

Be it enacted, etc., as follows:

Section 1. The Eastern Railroad Company is author-

preierred stock. -^^^^ ^^ iucreasc its Capital stock by issuing not more than
five million dollars in shares of the par value of one hun-
dred dollars each, which shall be designated as preferred
stock. Upon the tender to said corporation of any portion
of its certificates of indebtedness not exceeding five mil-
lion dollars in amount, said corporation shall accept such
certificates so tendered at their face value and issue such
preferred stock in lieu thereof at its par value. After
receiving the certificates so surrendered said corporation
shall forthwith deliver the same to the trustees named in
chapter two hundred and thirty-six of the acts of tiie year
eighteen hundred and seventy-six, ai'id said trustees shall
accept, cancel and discharge the certificates so delivered.

Section 2. The holders of said preferred stock shall
annually receive out of the net earningsi of said corporation
not more than six dollars per share to be paid in semi-
annual instalments in such sums as the directors of said
corporation may detcrmiiu-.

I'roviHionsof Section 3. Nothing in this act contained shall prevent

Subject to pro-
visions of law,
etc.

Salary.

Chap. 177

May Issue

Dividends to
holdcri* of
preferred stock

1882. — Chapter 178.

133

the full operation of all the provisions of chapter two hun- isve, 236, not to
drecl and thirty-six of the acts of the year eighteen hundred ^'^ ^'^'^''''^ •
and seventy-six, or shall defeat or in anj^ wise affect any
of the terms and conditions of the certificates of indebted-
ness issued and the mortgage made under and in pursuance
of the provisions of said chapter, or shall authorize any
payments from the earnings of said corporation except
subject to all claims and charges upon said earnings cre-
ated by said chapter and by the certificates issued and the
mortgage made in pursuance thereof.

Section 4. This act shall take effect upon its passage.

Approved April 22, 1882.

An Act relating to the compensation of the militia. Chap. 178

Be it enacted, etc., as follows:

Section 1. Section one hundred and thirty of chapter compensation
fourteen of the Public Statutes is amended so as to read
as follows : — " There shall be allowed and paid to officers
and soldiers of the volunteer militia on rolls and accounts
in such form as the commander-in-chief may prescribe, as
follows, to wit : for the duty prescribed in sections one
hundred, one hundred and one, one hundred and eight,
one hundred and nine, one hundred and thirteen and one
hundred and seventeen, commissioned oJSicers shall here-
after be allowed and paid the same pay per day as is pre-
scribed for officers of like grade in the United States army,
viz.: brigadier-general, fifteen dollars and twenty-eight
cents; colonel, nine dollars and seventy-three cents; lieu-
tenant-colonel, eight dollars and thirty-three cents ; major,
six dollars and ninety-five cents ; captain, mounted, five
dollars and fifty-five cents ; captain, not mounted, five
dollars; adjutant, quartermaster, assistant surgeon and
paymaster, five dollars ; first lieutenant, mounted, four dol-
lars and seventy-five cents; first lieutenant, not mounted,
four dollars and seventeen cents; second lieutenant,
mounted, four dollars and seventeen cents ; second lieu-
tenant, not mounted, three dollars and eighty-nine cents ;
chaplain, four dollars and seventeen cents ; non-commis-
sioned staff officers, two dollars and fifty cents ; every
member of a band, four dollars ; and every other enlisted
man, two dollars. ■ There shall be allowed for each horse Allowances for
actually employed by officers and soldiers authorized by forale.*"*^
law to be mounted, and for each draught horse employed
in the artillery, the sum of four dollars per day, which
shall be in full for all keeping and forage. For all other

134

1882. — Chapters 179, 180.

Compensation
for services not
specially pro-
vided for.

duty under orders of the commander-in-chief, unless other-
wise specially provided, or for attendance as a witness or
defendant under summons, as provided in section one hun-
dred and forty-three, there shall be allowed and paid per
day to each general, field and staff officer, the sum of four
dollars; to every other commissioned officer the sum of
two dollars and fifty cents ; to ever}' member of a band
the sum of four dollars, and to every other enlisted man
the sum of two dollars. To each assistant adjutant-gen-
eral of brigade there shall be allowed and paid the sum
of twenty dollars per annum ; to each adjutant the sum of
fifty dollars per annum ; and to each paymaster the sura
of twelve dollars and fifty cents per annum for each com-
pany in the command to which he is attached. There
shall be allowed and paid to each officer detailed by com-
petent authority to perform the duties of another the pay
and allowances of the grade or office so filled : provided^
that no officer shall be paid for duty under two officers at
the same time, nor two officers for the. same duty."

Section 2. This act shall take effect upon its passage.

Approved April 29, 1882.

Chap. 179 An Act relative to parading with arms by associations

COMPOSED OF SOLDIERS.

Be it enacted, etc., as follows:

Section 1. Section one hundred and twenty-seven of
chapter fourteen of the Public Statutes, relative to the
parading in public with arms by associations composed ot
soldiers, is amended by inserting in the eighteenth lino
after the word " soldiers," the words "or at the decoration
of soldiers' graves."

Section 2. This act shall take effect upon its passage.

Approved April 29, 1S82.

Parading with
arms by associa-
tions composed
of soldiers.

Chap. 180 An Act defining the powers of mayors of cities to vote

AS PRESIDING OFFICERS.

Be it enacted, etc., as follows :

Section 1. Section seven of chapter twenty-eight of
the Public Statutes is hereby amended by inserting in the
second line after the word "vote," the words ''in meet-
ings of the board of aldermen, or in conventions of the
two branches of the city council."

Section 2. This act shall take effect upon its passage.

Approved April 20, 1882.

Powers of
mayors to vote
as presiding
officers.

1882. — Chapter 181.

135

Infants to be
provided for in
a family until
three years of
age.

Paupers

between ages of
three and six-
teen years to be
sent to state
primary school.

Children under
fourteen years,
growing up
without educa-
tion, etc., may
be committed to
care of state
board, etc.

An Act relating to indigent and neglected children. Chap. 181
Be it enacted^ etc., as folloius :

Section 1. Section forty-six of chapter eighty-six of
the Public Statutes, relative to the age to which certain
infants who are state paupers shall be provided for by the
state board of health, lunacy and charity, is amended in
the sixth line by striking out the word " two," and insert-
ing in place thereof the word " three."

Section 2. The state board of health, lunacy and char-
ity shall make all necessary provision for the care and
maintenance of all poor and indigent children in need of
immediate, relief, between the ages of three and sixteen
years, having no lawful settlement in this Commonwealth,
at the state primary school or elsewhere, and for that pur-
pose shall have the same authority to commit such chil-
dren to the state primary school as overseers of the poor
now have to commit them to the state almshouse.

Section 3. Whenever it shall be made to appear to
any court or magistrate that within his jurisdiction any
child under fourteen years of age, by reason of orphanage,
or of the neglect, crime, drunkenness or other vice of his
parents, is growing up without education or salutary con-
trol, and in circumstances exposing him to lead an idle
and dissolute life, or is dependent upon public charity,
such court or magistrate shall, after notice to the state
board of health, lunacy and charity, commit such child,
if he has no known settlement in this Commonwealth, to
the custody of said board, and if he has a known settle-
ment then to the overseers of the poor of the city or town
in which he has such settlement, except in the cit}^ of
Boston, and if he has a settlement in said city, then to
the directors of public institutions of said city until he
arrives at the age of twenty-one years, or for any less
time ; and the said board, overseers and directors are
authorized to make all needful arrangements for the care
and maintenance of children so committed in some state,
municipal or town institution, or in some respectable
family, and to discharge such children from their custody
whenever the object of their commitment has been accom-
plished.

Section 4. Whenever any of the class of children
mentioned in section three are inmates of the state alms-
house, application for their commitment, in the manner
provided in said section, shall be made to the justice of
the police court of Lowell. Approved April 29, 1882.

To be committed
to directors of
public institu-
tions in Boston.

Commitment of
children, in-
mates of state
almshouse.

136

1882. — Chapters 182, 183.

Chap. 182 An Act in relation to vacancies in the office of mayor.
Be it enacted, etc., as follows:

Section 1. In case of the death, resignation or absence
of the mayor of any city, or of his inability to perform the
duties of his office, the same shall devolve upon the chair-
man or presiding officer of the board of aldermen of such
city, and if there is no such chairman or presiding officer
the same shall devolve upon the president of the common
council, until the mayor is able to attend to his duties, or
the vacancy is filled as provided by the charter of such
city.

Section 2. The person on whom such duties shall
devolve shall be styled " acting mayor," and shall possess
the powers of mayor only in matters not admitting of de-
lay, and shall have no power to make any permanent
appointments. Approved April 29, 18S2.

In absence of
mayor, duties to
be performed by
chairman of al-
dermen, or, if no
chairman, by
president of*^
council.

To be styled
" acting mayor."

Water supply
for llopkiulont

Chap. 183 An Act to amend "an act to supply the town of hopkinton

WITH WATER."

Be it enacted, etc., as follows:

Section 1. Section two of chapter one hundred and
twenty-two of the acts of the year eighteen hundred and
seventy-seven is amended by inserting in the third line
thereof after the word " brooks," the words " or other
sources," and by striking out at the end of said section
the words "selectmen of said town," and adding instead
thereof the words "water board of said town hereinafter
provided for."

Section 2. Section four of said chapter is repealed,
and the following substituted therefor : " For the purpose
of paying all necessary expenses and liabilities incurred
under the provisions of this act, said town shall have
authority to issue notes, bonds, or scrip, from time to time,
signed by the treasurer and countersigned b}^ the water
board, to be denominated on the face thereof " Hopkinton
Water Loan," to an amount not exceeding fifty thousand
dollars, payable at periods not exceeding thirty years from
the date thereof, with interest payable semi-annually, at a
rate not exceeding six per centum per annum ; and said
town may sell said securities at public or private sale, or
pledge the same for money borrowed for the purposes of
this act, upon sucli terms and conditions as it may deem
proper. Said town shall annually raise by taxation an
amount sufficient, together with the net income and re-
ceipts from rent for the use of said water, to pay the inter-

" Hopkinton
Water I^oan "
not to exceed
$50,000.

1882. — Chapter 183. 137

est on said loans as it accrues ; and shall also, within two sinking fund to
years after the introduction of water into said town, ^'^^^^'•^
establish a sinking fund, and contribute thereto from year
to year an amount raised annually by taxation, which,
together with the net surplus income and receipts, after
deducting all interest, expenses and charges of distribu-
tion, if any remains, shall be sufficient with the accumula-
tions of such amounts to extinguish said loan at maturity ;
and said sinking fund shall be applied to the payment of
the principal of said loan until the same is fully discharged
and paid, and for no other purpose. The water board of
said town shall be the trustee of said fund, and shall report
the condition of the same, and render an account of its
doings in relation thereto annually to the town."

Section 3. Section six of said chapter is repealed, and water board to
the following is substituted therefor : " The said town may, ^^*'^''*'*'^ •
at any annual or special meeting called for the purpose,
elect by ballot three persons to hold office, one until the
expiration of three years, one until the expiration of two
years, and one until the expiration of one year from the
next succeeding annual town meeting, to constitute a
water board ; and at each annual town meeting thereafter
one member of said board shall be elected by ballot for
the term of three years. Said board shall execute, superin-
tend and direct the performance of all the works, matters
and things mentioned in this act, and exercise all the
rights, powers and privileges hereby granted and not oth-
erwise specifically provided for herein, subject to the vote
of said town ; and it shall be subject to such ordinances,
rules and regulations in the execution of its trust as said
town may from time to time ordain and establish, not in-
consistent with the provisions of this act and the laws of
the Commonwealth. The members of said board shall
receive such salaries or compensation as said town by vote
may prescribe, and a majority of said board shall be a
quorum for the exercise of the powers and duties pre-
scribed by this act. Any vacancy occurring in said board vacancies.
from any cause may be filled for the remainder of the
unexpired term at any town meeting duly called for the
purpose."

Section 4. This act shall take effect upon its passage.

Approved April 29, 1882.
18

138 1882. — Chapter 184.

Chap. 184 An Act to enable the commonwealth to secure certain

AQUEDUCT EIGHTS IH TB% TOWN OF NORTH ADAMS.

Be it enacted, etc., as follows:

Water supply SECTION 1. Foi the piirpose of obtaining a supply

Grienfiiid'Riiii- of Water foT the Ti'oy and Greenfield Railroad in the town
Ad^ms.^""'' of North Adams, authority is hereby granted to the man-
ager of the Troy and Greenfield Railroad and Hoosac Tun-
nel, acting for the Commonwealth and with the approval
of the governor and council, to enter upon the lands,
public highways and streets hereinafter mentioned in said
town, and to take possession of and appropriate to the use
of the Commonwealth, all that certain line of aqueduct
pipe already laid in and through said lands, highways and
streets, and extending from the reservoir situate on lands
of the Commonwealth near the western portal of Hoosac
Tunnel to the Arnold Print Works in said town : that is
to say, — the line of location of said aqueduct commences
at the outlet of said reservoir, and thence runs in a north-
westerly direction through lands of Charles A. Brown to
the old highway from North Adams to Pittsfield ; thence
in a westerly direction in and through said highway to
Ashland Street ; thence in a northerly direction in and
through Ashland Street to Summer Street ; thence in a
westerly direction in and through Summer Street to State
Street; thence in a north-easteiTy direction in and through
State Street to Main Street; thence in a north-westerly
direction in and through Main Street to Marshall Street ;
thence in a north-easterly direction in and through Mar-
shall Street to the Arnold Print Works. The Common-
wealth and its assigns shall have full power and authority
forever to maintain the said aqueduct in the position where
I'roviso. it is located : provided, however, that the authority conferred

b}^ this act shall not be full and effectual until the consent
of the selectmen of said town of North Adams to the loca-
tion and construction of said aqueduct through the high-
wa3's and streets aforesaid shall have been first obtained,
and a certificate tl.eieof filed with the town clerk of said
town.
Miiydi-up Skction 2. FuU power and authoritv is given to the

said manager or other proper agents of the Common-
wealth, at any and all times to enter upon and dig up the
earth, the land of any private land owner, and in any of
the highways and streets above mentioned for the purpose
of repairing or reconstructing any portion of said aqueduct,
j)rovi(led in so ik)ing no unnecessary interferciiLe or ob-
sirucLiun bhuU be occasioned to the public travel.

highways, etc.

1882. — Chapter 185.

139

Estimation of
damages.

Mutual use of
water by the
Commonwealth
and the Arnold
Print Works.

Section 3. Any person through whose lands said aque-
duct and pipes are Laid, and with whom the manager of
the Troy and Greenfield Railroad and Hoosac Tunnel is
not able to agree as to the damages which shall be paid
to said land holder for injury caused by the taking and use
of said lands for aqueduct purposes, may, upon application
to the county commissioners of Berkshire County, within
three years after the filing of the location of said aque-
duct in the office of the town clerk of North Adams, as
above prescribed, have his damages estimated in the man-
ner provided with reference to the laying out of highways;
and said county commissioners shall, if requested by said
land holder, require said manager to give security to their
satisfaction for the payment of all damages which may be
awarded by them or by a jury for the land or other property
taken ; and said manager shall be re-imbursed for any
damages and costs so paid by him, in so far as he is not
otherwise re-imbursed, out of the unappropriated earnings
of the Troy and Greenfield Railroad and Hoosac Tunnel.

Section 4. The manager of the Troy and Greenfield
Railroad and Hoosac Tunnel may, with the approval of
the governor and council, make any contract with or mod-
ify any existing contract with the Arnold Print Works,
whereby there shall be prescribed the terms and conditions
on which the Commonwealth and said Arnold Print Works
may respectively and mutually use the said aqueduct and
through the same take water from said reservoir, or in
case of the suspension or discontinuance of the use of said
aqueduct by either party what remuneration if any shall
be made to that party for any disproportionate outlays or
expenses.

Section 5. This act shall take effect upon its passage.

Approved April 29, 1882.

An Act to authorize and require the county commissioners Chap. 185

FOR ESSEX COUNTY TO RE-LOCATE AND RE-CONSTRUCT THE DRAW
IN ROCKS BRIDGE OVER THE MERRIMACK RIVER.

Be it enacted, etc., as follows :

Section 1. The county commissioners for the county
of Essex are authorized and required, within two years
after the passage of this act, to re-locate and re-construct
of a width of not less than fifty feet, subject to the ap-
proval of the board of harbor and land commissioners, the
draw in Rocks Bridge, which crosses the jMerrimack River
between the city of Haverhill and the town of West New-
bury, including suitable pier approaches thereto ; and the

Rp-location and
construction of
draw in Rocks
Bridge.

140

1882. — Chapters 186, 187.

Chap. 186

Corporators.

Powers and
duties.

May construct
bridge across
Duxbury
harbor.

said county commissioners are authorized to hire such
sums of money as may be necessary to comply with the
provisions of this act.

Section 2. This act shall take effect upon its passage.

Approved April 29, 1882.

An Act to incorporate the duxburt bridge company.
Be it enacted, etc., as follows:

Section 1. Oliver L. Briggs, C. C. Sanderson and
Stephen N. Gifford, their associates and successors, are
made a corporation by the name of the Duxbury Bridge
Company, with all the powers and privileges and subject
to all the duties, liabilities and restrictions set forth in all
general laws which now are or hereafter ma}^ be in force
relating to such corporations.

Section 2. Said corporation is authorized to construct
a pile bridge across the waters of the harbor of the town
of Duxbury commencing at some point on Powder Point,
so called, and extending easterly in a straight line to Sal-
ter's Beach, so called ; and to purchase and hold such real
and personal estate as may be necessary and convenient
for that purpose.

Section 8. The capital stock of said corporation shall
not exceed twenty-five thousand dollars, divided into shares
of one hundred dollars each.

Section 4. The bridge hereby authorized to be con-
structed shall be well built of suitable materials, shall be
at least twenty feet wide, and lloored with planks, shall
have sufficient railings on each side, and shall have a suita-
ble draw, for the passage of vessels, at least twenty-four
feet in width, with proper fender piers, and shall be kept
in good repair at all times: provided, hotrever, that the
structure so authorized shall be built subject to and in
accordance with the provisions of section eight of chapter
nineteen of the Public Statutes,

Approved April 20, 1882.

Chap, 187 An Act to authorize the city of brockton to make an addi-
tional WATER LOAN.

Be it enacted, etc., asfoUoivs:

Section 1. The city of Brockton, for the purposes
mentioned in section four of chapter one hundred and
twenty-four of the acts of the year eighteen Imndred and
seventy-eight, may issue notes, bonds or scrip from time
to time, signed by the treasurer and countersigned by the

Capital stock
and shares.

To be twenty
feet wide, and
have a suitable
draw.

Proviso.

" Brockton
Water Loan "
not to exceed
f2&0,UU0.

1882. — Chapter 188.

mayor, to be denominated on the face thereof " Brockton
Water Loan," to an amount not exceeding lifty thousand
dollars, in addition to the amounts heretofore authorized
by law to be issued by the town of Brockton for the same
purposes ; said notes, bonds or scrip to be issued upon the
same terms and conditions, and with the same powers as
are provided in said act for the issue of the " Brockton
Water Loan " by the town of Brockton : 2J^ovided, that
the whole amount of such notes, bonds or scrip issued by
said city, together with those issued by said town for the
same purposes, shall not in any event exceed the amount
of two hundred and twenty thousand dollars.

Section 2. This act shall take effect upon its accept-
ance by a vote of two-thirds of all the members of each
branch of the city council of said city of Brockton.

Approved April 29, 1882.

An Act to authorize the milford water company to take

certain real estate in the town of hopkinton.
Be it enacted, etc., asfoUoivs:

Section 1. The Milford Water Company may take
and hold any real estate situated south of Granite Street
in the town of Hopkinton, necessary and pro]ier for the
purpose of supplying the town of Milford witli water, as
provided by chapter seventy-seven of the acts of the year
eighteen hundred and eighty-one, and for the preservation
and purification of such water and for forming any dams
or reservoirs to hold the same.

Section 2. Said corporation shall, within sixty days
after the taking of any land under the provisions of this
act, file and cause to be recorded in the registry of deeds
for the southern district of the county of Middlesex a
description of the land so taken, sufficiently accurate for
identification, and stating the purposes for w^hich it is
taken ; and the title of the land so taken shall vest in
said corporation. Any person whose property is injured
in any way by any act of said corporation, and who fails
to agree with said corporation as to the amount of damages,
may have the same assessed and determined in the man-
ner provided when land is taken for a highway. Any
person whose land is thus taken or affected may apply as
aforesaid within three years from the time the land is actu-
ally taken, and not thereafter ; and no suit for injury done
under this act shall be brought after three years from the
date of the alleged injury.

Section 3. This act shall take effect upon its passage.

Approved April 29, 1882.

Proviso.

Subject to ac-
ceptance.

Chap. 188

May take real
estate in Hop-
kinton.

To have
recorded in the
registry of deeds
a description of
the land taken.

Damages.

142

1882. — Chapter 189.

Chap. 189 An Act to regulate the herring and shad fishery in
cole's river and its tributaries, and in milford pond,

IN the county of BRISTOL.

Town may regu-
late ftsbeiies in
Cole's Kiver and
tributaries.

May sell
privilej<e to take
herring and
Bbad.

To choose fish
■wardens.

Be it enacted, etc., as follows:

Section 1. The town of Swanzey is authorized to cre-
ate herriug and shad fisheries in Cole's River and its tribu-
taries, and in Milford Pond, so called, in tlie county of
Bristol ; and the right to take herring or shad from said
river or its tributaries, or from said pond, is suspended
for the period of three years next ensuing after the pas-
sage of this act ; and no net, seine or weir shall be set
therein during said period except as hereinafter provided.
The fish wardens chosen as provided by section three of
this act may, however, take or cause to be taken from
said river or its tributaries, or from said pond, at any time
after the passage of this act, such herring or shad as may
be required for the purpose of stocking said pond or any
of the tributaries of said river.

Section 2. The town of Swanzey may sell at public
auction, at a legal town meeting to be held in March in
the year eighteen hundred and eighty-five, two privileges
to take herring and shad from Cole's River from the first
day of April to the first day of July in each year, for a
period not exceeding five years, as hereinafter provided,
at such places on said river as shall be designated by such
fish wardens. The purchaser or purchasers of such privi-
leges may take herring and shad with one seine, at the
places so designated, from sunrise on Mondaj' until sun-
set on Wednesday in each week during such period ; but
no herring or shad shall be taken in any manner from said
waters after the first day of July in each year.

Section 3. The town of Swanzey, at its annual meet-
ing in March in each year, may choose two or more suita-
ble persons as fish wardens, who shall be sworn to tlie
faithful discharge of their duties, and shall cause this act
to be enforced and shall prosecute all violations of its
terms. Tlie fish wardens so chosen shall prevent and
remove all unlawful obstructions in the course of said
river or its tributaries to the passing up and down of the
said fish from the first day of April to the first day of July
in each year ; and may, for the purposes of this act, go
upon and pass over the land of any person through or b}''
which said river or any tributary thereof runs, or wliich
borders upon said pond, without being considered tres-
passers: provided, that any person sustaining damage in

1882. — Chapter 190.

143

molesting flsh
wardens.

his property may have the same assessed in the manner
provided when land is taken for highways. Wlioever Penalty for
wilfully hinders or molests any such fish warden, or any
person authorized by such fish wardens, in the necessary
clearing: of said river or its tributaries, and in the neces-
sary and proper use of lands on said river or its tributaries,
or said pond, for creating and protecting the said fishery,
shall forfeit and pay a sum not exceeding twenty dollars
for each offence, to be recovered in the manner provided
in section four of this act.

Section 4. If any person other than those who have
purchased such privilege as aforesaid fishes with a seine
or net at any time or in any manner, or sets any net, seine,
weir, or other obstructions in any part of said river or its
tributaries, or of said pond, with intent to take or destroy
any shad or herring, he shall forfeit and pay twenty dol-
lars for each offence, to be recovered on complaint, one-
half to the use of said town of Swanzey and one-half to
the use of the person who shall give information leading
to the prosecution and conviction of such offender ; and
all seines, nets or weirs so used or set shall be forfeited to
the person who shall give such information.

Section 5. All laws relating to fishing in Cole's River
are repealed. Approved April 29, 1882.

Penalty for
fishing witiiout
purchasing
privilege.

An Act to authorize the city of salem to take certain Chao.X^^

LANDS AND FLATS IN THE SOUTH MILL POND.

Beit enacted, etc., as foUotvs :

Section 1. For the purpose of abating the nuisance May take land
in the South Mill Pond, so called, in the city of Salem, south Mm
the said city may from time to time purchase or otherwise ^°"'^'
take any or all of the lands or flats in or under said South
Mill Pond, or along the margin thereof, and fill and raise
the same to such grade as may be deemed necessary or
expedient, or it maj^ dredge the same : provided, however, ProviaoB.
that nothing in this act shall authorize the taking of, or
interference with, land lying within the location of the
Eastern Railroad Company, or now actually occupied by
said corporation for railroad purposes; and provided, fur-
ther, that no land in said South Mill Pond lying east of
a line beginning at or near the south-westerly corner of
Summer Street, and running southerly parallel with the
westerly main track of said Eastern Railroad, and three
hundred and ten feet distant therefrom, shall be taken
for the purposes of dredging.

144

1882. — Chapter 190.

To have re-
corded in regis,
try of deeds a
deseription of
land or flats
taken.

Lands to be re-
conveyed upon
payment of cost
of filling.

Assessment of
damages in case
of disagree-
ment.

IJiibillty for
coats.

Power to lay
out blreels not
rcHtricted.

Section 2. Said city shall, within sixty clays from the
time of taking said lands or flats, file and cause to be
recorded in tlie office of the registry of deeds for the
southern district of the county of Essex a description of
the lands or flats so taken, as certain as is required in a
common conveyance of lands, and a statement that the
same are taken pursuant to the provisions of this act,
which said description and statement shall be signed by
the mayor of said city ; and the title of all lands or flats
so taken shall vest in the cit}^ of Salem in fee simple, and
the same may be sold and conveyed by said city in such
manner as the city council may determine.

Section 3. Any partj^ whose lands or flats are taken
and filled shall be entitled to a re-conveyance of the same
from said city upon re-imbursing it for its reasonable costs
of such filling, and upon demand made for such re-convey-
ance within ninety days from the time when such filling
is completed.

Section 4. Any ower of lands or flats so taken or
filled, who cannot agree with the said city as to the dam-
age done to him by said taking or filling, may at an}' time
within three years from the time of such taking or filling
have the "said damage assessed by the county commission-
ers ; and if either party is dissatisfied with the estimate
of the county commissioners, said party may apply for a
jury to assess the damages; and the proceedings thereon,
and the proceedings upon application to the county com-
missioners, shall be the same as ])rovided for the assess-
ment of damages in laying out highways. The respective
rights and remedies of persons having different or separate
interests or estates in the same property, as to the dispo-
sition of the damages awarded or agreed to under this act,
shall be in all respects the same as they now are in the
case of property taken for the laying out of highways.

Section o. If any party shall apply for and obtain a
trial by jury he shall recover his legal costs after such
application if he shall recover a greater amount than the
award of the count}'' commissioners, with the accrued in-
terest thereon, otherwise he shall be liable ft)r the legal
costs of the city of Salem. If said city shall make such
application, and the verdict of the jury shall be less than
the amoLint awarded by the county commissioners, it shall
recover its legal costs, otherwise it shall be liable for the
legal costs of the other jiarty.

Section 6. Nothing in this act shall restrict the power
of the city council of the city of Salem to lay out, in

1882. — Chapters 191, 192. 145

the manner provided by the charter of said city, any
street or way over any of the lands or flats referred to
in this act.

Section 7. This act shall take effect upon its accept-
ance by the city conncil of the city of Salem.

Ap2)roved April 29, 1882. ■

An Act to change the name of the " salem old men's Chap. I'd!

HOME,"

Be it enacted^ etc. , as follows :

Sectiox 1. The name of the "Salem Old Men's Name changed.
Home," incorporated nnder the general laws of the Com-
monwealth, is changed to the " Bertram Home for Aged
Men."

Section 2. This act shall take effect npon its passage.

Approved Apjril 29, 1882.

An Act to supply the town of northborough with water. Chap. 192

Be it enacted, etc., as follows:

Section 1. The town of Northborough may supply water supply
itself and its inliabitants with water to extinguish tires, borough."
and to generate steam, and for domestic and other uses ;
may establish fountains and hydrants, regulate their use,
and relocate or discontinue the same ; and may fix and
collect rents for the use of such water.

Section 2. Said town for the purposes aforesaid may May take water
take and hold the water, or so much thereof as may be ifrook!^"'"^'"
necessar3% with the water rights connected therewith, of
Cold Harbor Brook, at any point or points on its water-
shed, in the towns of Northborough, Shrewsbury and
Boylston, and of any springs, natural ponds, brooks and
other water sources, within the said town of North-
borough ; and may also take and hold all lands neces-
sary for raising, holding and preserving such water and
conveying the same to any and all parts of the town of
Nortliborough ; and may erect on the land thus taken or
held proper dams, buildings, fixtures and other struc-
tures, and may make excavations, and procure and run
machinerj^ therefor, with such other means and appli-
ances as may be necessary for complete and effective water
works; and for that purpose may construct and lay down May lay down
conduits, pipes and other works under or over any etc", ""'^•^'p^*'
lands, water courses or roads, and along any street, high-
way or other way, in such manner as when completed
shall not unnecessarily obstruct the same ; and for the

146

1882. — Chapter 192.

Liability foi'
damai'es.

purpose of constructing, laying down, maintaining and
repairing such conduits, pipes and other works, and for
all other proper purposes of this act, said town may dig
up, raise and embank any such lands, highways or other
ways, in such manner as to cause the least liindrance to
public travel on such highways and other ways. Said
To file in the towu of Nortliborougli shall within ninety days after
rietcHptioiTof the taking of any lands, water sources or water rights as
the laud taken, aforcsaid, Otherwise than by purchase, file in the regis-
try of deeds for the county of Worcester a description
thereof sufficiently accurate for identification, with a state-
ment of the purpose for which the same is taken, signed
by the water commissioners hereinafter provided for.

SECTioisr 3. The said town of Northborough shall be
liable to pay all damages sustained by any person or
corporation in property by the taking of any land, water
source or water right, or by the construction of any
aqueduct, reservoir or other works for the purposes afore-
said. Any person or corporation injured in property
under this act, and failing to agree with said town as
to the amount of damage sustained, may have the same
assessed and determined in the same manner as is pro-
vided when land is taken for a highway, the application
therefor to be made in writing within one year after the
taking of such land, water source or water right, or other
injury done as aforesaid, but not thereafter. No assess-
ment for damage shall be made for the taking of any
water right, or for any injury thereto, until tlie water is
actually withdrawn or diverted by said town under the
authority of this act.

Section 4. P^'or the purposes of paying all necessary
expenses and liabilities incurred under the provisions of
this act, said town of Northborough may issue bonds,
notes or scrip, from time to time, signed by its treas-
urer and countersigned by the water commissioners here-
inafter provided for, to be denominated on the face
thereof " Northborough Water Loan," to an amount not
exceeding fifty thousand dollars, payable at periods not
exceeding thirty years from the date of issue, with interest
payable semi-annually at a rate not exceeding six per
centum per annum. Said town may sell such securities
iit public or i)rivate sale, or pledge the same for money
borrowed for the purposes of this act, upon such terms
and conditions as it may deem proper. Said town shall
pay the interest on said loan as it accrues, and shall
provide for the payment of the principal at maturity

" Northborough
Water Loan "
Tiot to exceed
$60,OOU.

1882.— Chapter 192.

147

either by establishing at the time of contracting said debt
a sinking fund, or by paying the same from year to year
by regular instalments. In case said town shall decide
to establish a sinking fund, it shall contribute to such
fund annually a sum sufficient, with the accumulations
thereof, to pay the principal of said loan at maturity, and
said sinking fund shall remain inviolate and pledged to
the payment of said debt, and shall be used for no other
purpose. If said town shall decide to pay the principal
of said loan by instalments it shall issue coupon bonds
bearing, in addition to the regular rate of interest as
provided above, interest at a rate not exceeding three per
centum per annum on the principal, which additional
interest shall be applied annually and directly to the pay-
ment of said loan.

Section 5. Said town shall raise annually by taxa-
tion a sum which, with the income derived from the sale
of water, shall be sufficient to pay the current annual
expenses of operating its water works, and the interest
accruing on the bonds issued by said town, and to make
such payment on the principal as may be required under
the provisions of this act.

Section 6. Whoever wilfully or wantonly corrupts,
pollutes or diverts any of the waters taken under this act,
or injures any clam, reservoir, aqueduct, conduit, pipe or
other property owned or used by said town for the pur-
poses of this act, shall forfeit and pay to said town three
times the amount of damages assessed therefor, to be
recovered in an action of tort ; and upon conviction of
either of the above acts shall be punished by a fine not
exceeding one hundred dollars, or by imprisonment not
exceeding six months.

. Section 7. Said town of Northborough shall, after its
acceptance of this act, at a legal meeting called for the
purpose, elect by ballot three persons to hold office, one
until the expiration of three years, one until the expiration
of two years, and one until the expiration of one year
from the next succeeding annual town meeting, to con-
stitute a board of water commissioners ; and at each an-
nual town meeting thereafter one such commissioner shall
be elected by ballot for the term of three years. All the
authority granted to the said town by this act and not
otherwise specifically p'rovided for shall be vested in said
board of water commissioners, who sliall be subject how-
ever to such instructions, rules and reguhitions as said
town may impose by its vote ; and a majority of said board

Sinking fund to
be established.

To raise by
taxation

suflicient to pay
expenses and
interest.

Penalty for pol-
luting' or divert-
ing water.

Water comrais-
sioners to be
elected.

14«

1882. — Chapters 193,194.

Vacancies.

Subject to
acceptance by a
two-tliiidsvote.

shall constitute a quorum for the transaction of business
relative both to the water works and to the sinking fund.
Any vacancy occurring in said board from any cause may
be filled for the remainder of the unexpired term by said
town at any legal town meeting.

Section 8. This act shall take effect upon its accept-
ance by a two-thirds vote of the voters of said town pres-
ent and voting thereon at a legal town meeting called for
the purpose within five years from its passage.

Approved April 29, 1882.

Chap, 193 An Act to fix the tenure of office of police officers in

THE CITY OF FALL RIVER.

Be it enacted, etc., as follows :

Section 1. All police officers hereafter appointed by
the mayor and aldermen of the city of Fall Kiver shall
hold office until they resign therefrom or are removed for
cause by the mayor Avith the consent of the board of alder-
men. The mayor shall have the power, however, to sus-
pend any such officer for cause for a period not to exceed
thirty days.

Section 2. All provisions of chapter two hundred
and fifty-seven of the acts of the year eighteen hundred
and fifty-four and of acts in amendment thereof inconsist-
ent herewith are repealed. Ajjproved April 29, 1882.

An Act concerning statistics of divorce.

Be it enacted, etc., as foUoios :

Section 1. The clerks of courts for the several coun-
ties, and of the supreme judicial court for the county
of Suffolk, shall, annually, during the month of Februarv,
make returns to the secretaiy of the Commonwealth in
relation to libels for divorce in their respective counties
for the calendar year next preceding. Such returns shall
specify the following details: the number of libels pending
at the beginning of the year; the number of libels hied
within the year ; the number of divorces granted : the
number of divorces refused; the number of libels con-
tested; the number of libels uncontested; the alleged
cause for divorce in each case ; the sex of the libeliant
and the length of time the parties have been niarriod ; and
the number of cases in which notice has been given to the
district-attorney for prosecution under section fort3'-four
of chapter one hundred and forty-six of the Pni)lic Stat-
utes, and the criminal offence lor wliich divorce has been
granted in such cases.

Police olHcers
to hold office
until they re-
sign, or are re-
moved for
cause.

Repeal of 1854,
•257.

C//^^.194

Clerks of courts
to make returns
to the secretary
concerning
libels for
divorce.

1882. — Chapter 195. 149

Section- 2. The secretary shall furnish the said clerks secretary to
of courts with suitable blank forms for the returns pro- forms.
vided for in the preceding section.

Section" 8. The secretary shall annually prepare from to publish
said returns full and complete abstracts and tabular state- Tn le^'stration
ments of the facts relating to divorces for each county, report.
and embody such abstracts and statements, with necessary
analyses, in the annual reports to the legislature relating
to the registry of births, deaths and marriages.

Section 4. The first return to be made under this act First return to

11, .,1,1 1,., • n ^ • L- r include details

shall include the detaus specihed in section one, so lar as of the years
practicable, for the years eighteen hundred and seventy- i^'^-iss'^-
nine, eighteen hundred and eighty, eighteen hundred and
eighty-one, and eighteen hundred and eighty-two.

Section 5. This act shall take effect upon its passage.

Approved May i, 1882.

An Act enlarging the towers and duties of associations Chap. 195

FOR CHARITABLE AND OTHER PURPOSES.

Be it enacted^ etc., as follows :

Section 1. A corporation organized for any purpose Powers and
mentioned in chapter one hundred and fifteen of the Pub- '^^''^^ en arge
lie Statutes may make to any member thereof who is dis-
abled by accident or sickness, or to the wife, children or
other relatives of, or any other persons dependent upon,
such member, weekly or other payments during a period of
disability of such member not exceeding six months at any
one time, and may provide in its by-laws for the payment,
from time to time by each member, of a fixed sum to be
held by the corporation, association or society for such
purpose. The fund so held shall not exceed the amount
provided in section nine of said chapter and shall not be
liable to attachment by trustee or other process.

Section 2. Section eight of said chapter is amended Amendment to
so as to read as follows : "• A corporation organized for any ^" ^' ^^^' ^ ^'
purpose mentioned in section two may, for the purpose of
assisting the widows, orphans or other relatives of deceased
members, or any persons dependent upon deceased mem-
bers, provide in its by-laws for the payment by each mem-
ber of a fixed sum, to be held by such association until
the death of a member occurs, and then to be forthwith
paid to the person or persons entitled thereto, and such
fund so held shall not be liable to attachment by trustee
or other process; and associations maybe formed under
this chapter for the purpose of rendering assistance to such
persons in tlie manner herein specified."

150

1882. — Chapter 196.

Amenflmont to
r. S. 115, §n.

Not to roinsure,
etc., with
organization
not autliorized
to do businc'sa
in Massachu-
setts.

ChapA96

Annual appro-
priation for
purcliase of
boolis, etc.

Repeal.

Section 3. Section eleven of said chapter is amended
so as to read as follows : " Every corporation, association
or society within this Commonwealth which issues a cer-
tificate to or makes a promise or agreement with its mem-
bers, whereby any sum of money or other benefit is to
become due or payable upon the disability or decease of a
member, shall annually on or before the first day of April
in each year report to the insurance commissioner the
location of its principal office in this Commonwealth and
the names and addresses of its president, secretar}^ and
treasurer, or other officers answering thereto, and shall
make such further statements of its membership and finan-
cial transactions for the year ending on the preceding
thirty-first day of December, with other information re-
lating thereto, as said commissioner may deem necessary to
a proper exhibit of its business and standing. Said com-
missioner may for good cause shown in any case extend
the. terra above prescribed for filing such report and state-
ment, but not beyond the fifteenth day of such month of
April ; and he may at other times require any further
statement he may deem necessary to be made relating to
any snch corporation, association or society."

Section 4. No such corporation, association or society
as is mentioned in said section eleven, hereafter beginning
business in this Commonwealth, shall re-insure with or
transfer its policies or membership certificates or funds to
any organization not authorized to do business in this
Commonwealth.

Section 5. This act shall take effect npon its passage.

Approved May i, 1SS2.

An Act coxcerning the state library.
Be it enacted, etc., as foUoics :

Section 1. Thirty-three hundred dollars shall be
annually appropriated for the state library and expended
under the direction of the trustees and librarian thereof in
purchasing or otherwise procuring such books, maps,
charts and works as they deem most useful ; in binding
and keeping in good condition the works in said library,
and in purchasing furniture and other necessary conven-
iences therefor.

Section 2. Section twenty of chapter five of tlie Pub-
lic Statutes is repealed. Approved Maj/ /, TSS2.

1882. — Chapters 197,198, 199.

151

of breacli of
coiiilitions of
pardon.

oner for escape
when employed
outside of place
of confinement.

An Act to amend the pdblic statutes in relation to cox- Chap. 197

DITIONAL PARDONS.

Be it enacted, etc. , as follows :

Sectioist 1. Section fourteen of chapter two hundred Term of impris-
and eighteen of the Public Statutes is amended by insert- °"™'^"
ing in the sixth line, after the word " sentence," the fol-
lowing words : "said confinement, in case the convict is
under any other sentence of imprisonment, at the time of
said order, to begin upon the expiration of such sentence."

Section 2. This act shall take effect upon its passage.

Approved May 1, 1882.

An Act to punish prisoners escaping from custody when Chap. 198

EMPLOYED outside OF THEIR PLACES OF CONFINEMENT.

Be it enacted., etc., as follows :

Section 1. Whoever being imprisoned in any place of Penalty on pris-
confinement established by law in this Commonwealth,
except the state prison at Concord, and being taken out-
side of such place of confinement by any officer thereof
for the purpose of performing labor on any public land or
building belonging to the county, city or town wherein
such jjlace of confinement is located, escapes or attempts
to escape from the custody of such officer, shall be deemed
to have escaped from such place of confinement, and shall
upon conviction thereof be punished by imprisonment in
the house of correction or jail for a term not exceeding six
months.

Section 2. This act shall take effect upon its passage.

Approved May 1, 1882.

An Act for the better protection of deer. Chap. 199

Be it enacted, etc., as follows:

Section 1. Section eight of chapter ninety-two of the Protection of
Public Statutes is amended so as to read as follows: p!'s."92, §8.
" Whoever at any time in the year except Tuesdays,
Wednesdays, Thursdays and Fridays in the month of
November, hunts, takes, wounds or kills a deer, except his
own tame deer kept on his own grounds, and whoever on
any Tuesday, Wednesday, Thursday or Friday in the
month of November, hunts, takes, wounds or kills in any
pond or river or within two hundred yards thereof, a deer,
except his own tame deer kept on his own grounds, shall
be punished for each offence by a fine not less than twenty-
five dollars and not more than one hundred dollars, or by

152 1882. — Chapters 200, 201.

Penalties. imprisonment in jail not less than one month nor more

than three months, orb}' both such fine and imprisonment.
Tlie owner or keeper of a dog found chasing or hunting
deer at any time except in November shall be punished by
a fine of twenty dollars ; and any person may kill a dog
found chasing or hunting deer at any time except Tues-
days, Wednesdays, Thursdays and Fridays in November,
if the dog is used with the knowledge and consent of his
owner or keeper for such purpose. The owner or keeper
of such dog shall be punished by a fine of fifty dollars.'-

Amendment to SECTION 2. Scction ten of Said chapter is amended by

■ ■ "'^ ■ striking out in the second line the word ^ deer," and by

inserting after the word "prohibited," in the fifth line

thereof, the words "and the possession of a deer at any

time except the month of November."

Approved May 2, 1882.
Chap. 200 An Act to extend the time within which savings banks

AND institutions FOR SAVINGS MAT SELL CERTAIN REAL ES-
TATE NOW HELD BY THEM.

Be it enacted, etc., as follows:

Time extended SECTION 1. Any savings bank or institution for savings
estate acquired iucorporatcd uudcr the authority of this Commonwealth
of monlagt-r ^^y ^^^^ ^"^ -"^^^^ estate now held by it, which has been
«tc. ' acquired by the foreclosure of an}- mortgage owned by it,

or b}'' purchase at sales made under the provisions of any
such mortgage, or upon judgments for debts due it or in
settlements effected to secure such debts, at any time be-
fore the first day of Jul}^ in the 3'ear eighteen liundred
and eighty-three, notwithstanding any limit provided by
the eighth clause of section twenty of chapter one hun-
dred and sixteen of the Public Statutes.

Section 2. This act shall take effect upon its passage.

Approved May 2, 1882.

Chap. 201 An Act relating to the discharge of poor convicts.

Be it enacted, etc., asfolloios:

Discharceof SECTION 1. Scctiou Seventeen of chapter two hundred

iThiUuBii'ce. ^ and twenty-two of the Public Statutes is hereby amended
by inserting after the word " court,"' in the filth line the
i'oJlowing words: "and in case there is no police or dis-
trict court in the connt}^ then to any ti'ial justice in said
county;" also by inserting after tlie word "ccuut," in the
sixtli lino the words "or trial justice;" also by inserting

1882. — Chapters '202, 203. 153

after the word " court," in the eleventh Ihie the words "or
trial justice."

Section 2. This act shall take effect upon its passage.

Approved May 4, 1882.

An Act to authorize the city of haverhill to construct Chap. 202

A WHARF AND A BRIDGE OVER LITTLE RIVER.

Be it enacted., etc., as follows :

Section 1. The city of Haverhill may construct a May construct
wharf at the outlet of Little River, between Washington a bridge ovtr
Square and the Merrimack Kiver in said city, and may Little River,
extend the same southerly a distance not exceeding one
hundred and ninety-six feet from the stone abutment on
the southerly side of said square ; may construct a stone
bridge over said Little River, for a part or the whole of
said distance, and ma}'' close and discontinue any highways
or landings thereon, except the highway, if any, on the
westerly side of said Little River : provided, said city shall Public landing
construct and maintain a slip or landing at the Merrimack [ained'!^'*"'"
River, with access thereto from said VVashington Square,
convenient for public use ; but all constructions and ex-
tensions shall be sul)ject to the provisions of chapter nine-
teen of the Public Statutes.

Section 2. This act shall not authorize the erection of no further
any structure on the premises mentioned in section one erectedrexcc^p^t
except such as may be necessary in the construction of ^y a majority
said wharf and slip or landings, until a majority; of the
voters of said city, at a legal meeting called for the pur-
pose, shall vote in favor thereof.

Section 3. This act shall take effect upon its passage.

Approved May 4, 1882.

Ax Act in relation to the officers of the state prison Chap. 203

AT concord.

Be it enacted, etc., as follows :

Section 1. The officers of the state prison at Concord officers of the
shall consist of one warden, one deputy warden, one chap- ^'^^'^'^ p"®""-
lain, one physician and surgeon, one clerk, four turnkeys,
one engineer, twenty-three watchmen, and as many assist-
ant watchmen, not exceeding twenty-three, as the warden
may deem necessary.

Section 2. Section eight of chapter two hundred and Amendment to
twenty -one of the Public Statutes is amended by striking ^•'^■-^I'S^-
out in the fourth line thereof the words "and commission-
ers."

154 1882. — Chapter 204.

Sajarieaof SECTION 3. The warcleii of the said prison shall receive

a salary of thirty-five hundred dollars a year ; the chaplain
a salary of two thousand dollars a year ; the physician and
surgeon a salary of one thousand dollars a year. The
officers appointed by the warden shall receive such sala-
ries as may be fixed by him subject to tlie approval of the
commissioners of prisons but within the limits herein re-
spectively set forth as follows, namely : the deputy warden,
not exceeding two thousand dollars a year ; the clerk, not
exceeding two thousand dollars a 5'^ear ; each turnkey, not
exceeding eleven hundred dollars a year; the engineer,
not exceeding twelve hundred dollars a year ; each watch-
man, not exceeding one thousand dollars a year ; each
assistant watchman, not exceeding eight hundred dollars
a year. No other perquisite, reward or emolument shall
be allowed to or received by any of the said officers except
that there shall be allowed to the warden and deputy
warden sufficient house room with fuel and light for them-
selves and families.
Repeal of p. s. SECTioisr 4. Scctlous six and eleven of said chapter
222, §§6, n. ^^^^ hundred and twenty-one are repealed.

Section 5. This act shall take effect upon its passage.

Ajjproved May 4, 18S2.

Chap. 204 An Act to amend the charter of the city of boston in

RELATION TO GENERAL MEETINGS.

Be it enacted, etc., as follows:
Genenii meet- Scctiou sixty of chapter four hundred and forty-eight of

warn"a?etc., the acts of the year eighteen hundred and fifty-four is
X?nonw(^"y- amended so as to read as follows: "General meetings of
five voters of the citizcus Qualified to vote in city affairs may from time

each ward. j. ,• iiiij i i "ij-

to time be held to consult upon the common good, to give
instructions to their representatives, and to take all lawful
measures to obtain a redress of any grievances according
to the right secured to the people by the constitution of
this Commonwealth. Such meetings shall and may be
duly warned by the board of aldermen upon the requisi-
tion of twenty-five qualified voters of each ward of said
city. If the board of aldermen refuses or neglects to call
any such meeting, an}'- justice of the municipal court of
said city may, upon a like requisition, by a warrant under
liis hand in such form, and so served, executed and re-
turned, as he shall determine, call such meeting at such
time and in such manner as he may direct, and shall ap-
point some one to preside therein until the same shall be
duly organized by the choice of clerk and chairman."

Approved May 5, 1882.

1882. — Chapters 205,206.

155

tab-

Repeal of P. S.
152, § 28.

An Act concerning the salaries of the justices of the Chap. 205

SUPERIOR COURT.

Be it enacted^ etc., as follows :

Section 1. The chief justice of the superior court salaries of
shall receive an annual salary of fifty-three hundred dol- ilshed*
lars and each of the other justices of said court shall re-
ceive an annual salary of five thousand dollars, the same
to be paid from the treasury of the Commonwealth.

Section 2. Section twenty-eight of chapter one hun
dred and fifty-two of the Public Statutes is repealed.

Section 3. This act shall take effect upon its passage.

Approved May 9, 1882.

An Act to require the eastern railroad company to re- Chap. 206

CONSTRUCT the DRAW PIER OF ITS BRIDGE OYER THE MERRI-
MACK RIVER.

Be it enacted, etc., as folloivs :

Section 1. The Eastern Railroad Company is required Draw pier of
within six months after the passage of this act to recon- um-tm&c^
struct the draw pier of its bridge over the Merrimack ^"Jo^nslru^cled.
River, and to make such changes in alignment of said
draw pier as are necessary to make the same conform to
the alignment of the draw pier of the highway bridge
next below said railroad bridge. The new draw pier shall
be constructed according to plans to be approved by the
board of harbor and land commissioners ; and the mate-
rials and foundations of the old pier shall be removed so
far as said board shall direct.

Section 2. The cost of reconstructing said draw pier Payment of
as aforesaid shall be paid in the first instance by the East- straction.
ern Railroad Company, and for the purpose of determining
what part of said cost shall be paid by the city of New-
buryport, if any, the supreme judicial court, or any justice
thereof, sitting in any county in term time or vacation,
upon the application of either of said parties and after
notice to the other party, shall appoint three commission-
ers, who shall view the premises before the commencement
of the work, and after hearing the parties shall make a
report. The report of said commissioners, or of a major
part of them, being returned into and accepted by said
court, shall be binding on both parties ; and the said court
shall enter such orders and decrees as are necessary to
carry said report into effect. Approved May 9, 1882.

]56

1882. — Chapters 207,208,209.

Prisoners may
be transferred
to hospitals for
surgical treat-
ment.

Chap. 201 An Act to provide fou the surgical treatment of cer-
tain PRISONERS.

Be it enacted^ etc.^ as follows :

Section 1. The commissioners of prisons ma}^ upon
the certificate of the physician of any prison, jail or house
of correction, temporarily. place any convict under sentence
of imprisonment therein, or any person held in any jail for
trial or sentence, except for a capital crime, in such hospi-
tal as they shall designate, for such surgical treatment or
operation as cannot otherwise be safel}^ or properly under-
taken, and they may at any time return such convict or
person to the prison, jail or house of correction from which
he was temporarily removed.

Section 2. Any convict or person so placed shall,
during his absence from such prison, jail or house of cor-
rection, be deemed to be in the custody of the officer hav-
ing charge thereof; and in computing the term of his
confinement upon his sentence to imprisonment the time
of his confinement in said hospital shall be considered as
a part of such term.

Section 3. This act shall take effect upon its passage.

ApprovHd May 10, 1882.

Chap. 208

Time in hospital
to be deemed
part of term of
sentence.

Inspection of

buildings.

Klevators.

An Act relating to the inspection of buildings.
Be it enacted, etc., as follows:

Section 1. Section fourteen of chapter one hundred
and four of the Public Statutes is amended by inserting
after the word " factory," in the second line, the words
" or mercantile or public building ; " and by adding at the
end of the section tlie following : " all elevator cabs or
cars, whether used for freight or passengers, shall be pro-
vided with some suitable mechanical device, to be approved
by the said inspectors, whereb}- the cabs or cars will be
securely held in the event of accident to the ship[)er rope,
or hoisting machinery, or from any similar cause."

Section 2. This act shall take effect upon its passage.

Approved May 10, 1882.

Chap 209 An Act to change the name of the rogers and spuru manu-
facturing company.
Be it enacted, etc., as follows :
Name changed. SECTION 1. The iiaiue of thc " Rogcrs and Spurr Manu-
facturing Company," a corporation established under the
general laws, in the town of Greenfield, is fhanged to the
""Spurr Manufacturing Coin])any."

Section 2. Tiiis act shall take elfcct upon its passage.

Aj^proved May 10, 1882.

1882. — Chapter 210.

157

An Act to revise tue charter of the city of newton.
Be it enacted^ etc., as foUoivs :

Section 1. The inhalntaiits of the city of Newton, for
all purposes for which towns and cities are by law incor-
porated in this Commonwealth, shall continue to be a body
politic and corporate under the name of the " City of
Newton," and as such shall have, exercise and enjoy all
the rights, immunities, powers and privileges and be sul)-
ject to all the duties and obligations provided for herein,
or otherwise appertaining to said city. The territory of
said city shall be divitled into seven wards, containing in
each ward, as nearly as may be consistent with well-defined
limits to each ward, an equal number of voters.

Section 2. The adnunistration of the fiscal, pruden-
tial and municipal affairs of said city, with the government
thereof, shall be vested in a mayor and a city council,
which shall consist of a board of aldermen of seven mem-
bers, and a common council of fourteen members.

Section 3. Elections shall be held in the several wards.
At the annual mnnicii)al election, which shall be held upon
the first Tuesdaj^ of December, there shall be elected by
ballot, from the inhabitants of the city, the following offi-
cers by the voters at large : — A maj'or, one alderman from
each ward and as many members of the school committee
as may be required to fill the places of those whose terms
expire, and to fill such vacancies as occur at the end of
such municipal year. And the following officers shall be
elected by and from the voters of each ward: — Two com-
mon councilmen, a warden and three inspectors of elections.
The municipal year and terms of office not herein other-
wise fixed shall begin upon the first Monday of January
following the election. The mayor and ward officers
named in this section shall hold ofiice until their respective
successors are chosen and qualified, and the members of
each branch of the city council until a majorit}^ of a suc-
ceeding board is qualified.

Section 4. All ward ofiicers shall be sworn to a faith-
ful discharge of their duties ; and the oath of office shall
be administered by the clerk to the warden, by the war-
den to the clerk and the inspectors, or to any of said
officers by a justice of the peace. Certificates of such
oaths shall be made by the ward clerks upon their respec-
tive records. The warden shall preside at all ward meet-
ings with the power of moderators at town meetings, and
shall receive, asso; t, count and declare in open ward meet-

C hap. 210

Charter
revised.

Government
vested in mayor
and city council.

Annual election
of otHctrs.

Ward ofBoern to
be sworn.

Warden to
prehide at ward
meetings.

158

1882. — Chafier 210.

Clerk to record
proceedings.

Inspectors to
assist warden.

Election of
ward otRcer
pro tempore.

Mayor and
meinbers of city
council to be
sworn.

Organization of
common coun-
cil.

ings all ballots given in at such meetings. The clerk shall
record all proceedings, and certify the ballots given in at
any election, and shall enter upon the ward records in
open ward meeting the names of all persons receiving
votes, the number of votes cast for each peison, and the
title of the office for which he received such votes. The
clerk shall forthwith deliver certified copies of such records
to the cit}^ clerk, who shall forthwith enter the same in
the city records. The inspectors of elections shall assist
the warden in receiving, sorting and counting the ballots
given in at any election. If at any meeting the warden is
not present, the clerk shall preside until a warden -pro tem-
pore is elected ; if both the warden and clerk are absent,
the senior in age of the inspectors present shall preside
until a warden pro tempore is elected. When any ward
officer is absent or neglects to perform his duty, his office
shall be filled pro tempore by hand vote.

Section 5. The mayor and members of the city coun-
cil shall be sworn to the faithful discharge of their duties.
The oath of office may be administered to the mayor by
the city clerk, or by any justice of the peace. Each branch
of the city council shall be the judge of the election of its
own members, and a majority of each branch shall consti-
tute a quorum for the transaction of business. No mem-
ber of either branch shall receive any compensation for
his services, nor be eligible to any salaried office of the
city. The aldermen and common councilmen elect shall
on the first Monday of January in each year, at three
o'clock in the afternoon, meet in convention, and be sworn
by the mayor if present ; otherwise, by any justice of the
peace. A record of the oath administered shall be made
in each branch. The oath may be administered afterwards
to any member of either branch by tiie city clerk, or by
the presiding officer of either branch when in session.
After the oath has been administered the two branches
shall separate. The mayor shall be the presiding officer
of the board of aldermen and of the city council when in
convention. The city clerk shall be the clerk of the board
of aldermen. He shall be sworn to the faithful discharge
of his duties. The common council shall organize by choos-
ing a president and clerk, who shall hold their offices re-
spectively daring the pleasure of the common council.
The clerk shall be sworn to the faithful discharge of his
duties. The sessions of both branches of the city council
shall be public, except when action is taken upon appoint-
ments or removals.

1882. — Chapter 210.

159

Section 6. The city council shall annually in January Election of cuy
elect by ballot in convention a treasurer, who shall be ^{'^^'^> '•"easiuev.
collector of taxes, an auditor, a city clerk, one assessor
for the term of three years, and from each ward an assist-
ant assessor and an overseer of the poor, and may at any
time remove any of said officers, except an assessor, by
concurrent vote. The terms of office of said officers shall
begin upon the first Monday of February following, and
shall continue until their respective successors are chosen
and qualified. The mayor and aldermen shall appoint
ward clerks, constables, a city marshal with the powers
and duties of a constable, and all other officers required
by the laws of the Commonwealth or by the ordinances of
the city, whose selection is not herein before provided for,
to hold office until they resign or are removed by the
maj^or with the consent of the aldermen ; but no member
of the city council shall continue in an appointed office
after the term for which he was elected. Vacancies shall vacancies.
be filled in the manner of the original election or appoint-
ment, unless herein otherwise provided. In case of a
vacancy in the office of mayor, or of his inability to act,
the president of the board of aldermen shall act as mayor
until the inability ceases or the vacancy is filled. The
removal of a person holding office from one ward to
another shall not create a vacancy in such office. Every
person who is elected or appointed to an office shall receive
a certificate of such election or appointment from the city
clerk. Every officer of the city, except the mayor, shall
at the request of either branch of the city council, appear
before such branch and give such information as it may
require, and answer such questions as may be asked, in
relation to any matter, act or thing connected with his
office or the discharge of the duties thereof.

Section 7. The city council shall, in November of
each year, appropriate the amount necessary to meet the
expenditures of the following year; and such appropria-
tions shall not be increased or exceeded except by a vote
of two-thirds of all the members of each branch, voting by
yeas and nays. No money shall be expended and no lia-
Ijility of the city shall be incurred by any member of the
city council, or any board or officer of the city elected by
the city council or appointed by the mayor and aldermen,
except in pursuance of an order of the city council. The
city council shall have power : — To make a new division New division of
of wards in each year of the state or national census ; to
control and have the custody of all city property ; to re-

Appropriatious.

wards.

160

1882. — Chapter 210.

Fire depart-
ment.

Water supply.

Draiuage.

Number of
wards, etc.,
may be lixed by
ordinance.

Warrants for
nieutinii^s.

" Kenriclt
Fund."

quire a bond with sufficient sureties of an}' officer elected
by the city council or appointed by the mayor and alder-
men ; to establish by ordinance such offices as may be
necessary for any municipal purposes; to establish a fire
department with such officers and men, apparatus, and
regulations for the government thereof, as said city council
may by ordinance prescribe ; to make ordinances and affix
penalties thereto, as provided herein and by general law,
without the sanction of any court or justice thereof; to
act upon all matters in which authority is now given to
said city of Newton under any acts to supply said city and
the .town of Newton with water ; to lay out, alter, discon-
tinue, locate anew, fix the grade of, or oicler specific re-
pairs in, any highway, street or town way, and to estimate
and assess the damages any person may sustain thereby,
and the powers of the city council shall be exclusive there-
•iii ; but action upon all said matters shall first be taken by
the mayor and aldermen, and persons sustaining damage
in their property shall have the remedies which are pro-
vided in the case of taking land for ways in said city of
Newton ; but there shall be no appeal from a decision not
to lay out a way ; to act upon all matters in which au-
thority is given to said city council and the board of alder-
men and the mayor and aldermen in acts relating to
"Cheese Cake Brook," to laying and maintaining drains
and sewers in said city and in the city of Boston and the
town of Watertown, lo establishing grades for drainage
and sewerage in said cit}' of Newton, and in general laws
relating to streets, sidewalks, drains and sewers, and the
taking of lands from which may be taken earth and gravel ;
but action upon all said matters shall first be taken l)y the
mayor and aldermen ; and generally to exercise all the
powers of towns under general laws.

Section 8. Provision may be made from time to time
by the city council by ordinance ratified by the legal
voters at an annual municipal election as follows : — Fix-
ing the number of wards, but only in a year preceding
that of the state or national census; fixing the number of
members of the common council, provided that wards shall
be equally represented ; fixing the number of aldermen,
provided that wards shall be equally represenletl.

Section 9. The mayor and aldermen shall issue war-
rants for meetings of citizens for municipal purpt)ses. The
mayor and aldermen shall luive power to act in all matters
in which authority is given to the city and said board
relating to the " Kenrick Fund;"* and shall have all the

1882. — Chapter 210.

161

powers of selectmen and of boards of aldermen and of a
mayor and aldermen under general laws, excepting as is
otherwise provided in the preceding section.

Section 10. The mayor shall be the chief executive
officer of the city. He shall see that the laws and the
ordinances, orders and regulations of the city are duly
executed and enforced, and shall exercise a general super-
vision over the official acts and conduct of all subordinate
officers. He may suspend any officer, and may suspend
any work or payment, whether under a contract, or other-
wise, for a period not exceeding ten days ; but in such
case he shall report his action, with his reasons therefor,
to the city council, which shall take immediate action
thereon. He may except from his approval of any ordi-
nance, order, resolution or vote, in which he has the
power of veto by general law, any portion involving a,
distinct item of expenditure ; in such case, instead of
returning the original, he shall transmit a copy of such
portion not approved. He shall be, ex officio, a member
and chairman of the school committee, and of the over-
seers of the poor. In the school committee he shall have
only a casting vote. He may call special meetings of the
city council, or of either branch thereof, by causing notices
to be left at the usual place of residence of each member
of the city council or of the branch to be convened. He
shall at all times have the control and direction of the
police force, subject only to the ordinances of the city.
His salary shall not be changed during his term of office.

Section 11. The school committee shall continue as
at present constituted, and shall consist of the mayor, and
president of the common council, ex officio, and two mem-
bers from each ward elected for the term of three years.
They may elect from their own number a chairman, who
shall preside in the absence of the mayor. They shall
serve without compensation. No member shall be the
superintendent of schools. They shall forthwith notify
the mayor and aldermen of any vacancy in their board,
and may fill such vacancy until the end of the municipal
year in which the warrant for the next municipal election
is issued. At such election the vacancy shall be filled for
the unexpired term. No money shall be expended by the
school committee except by a two-thirds vote of members
present and voting.

Section 12. All acts and parts of acts inconsistent
herewith are repealed : provided, that tliis repeal shall not
revive any act heretofore repealed, nor affect any right

Mayor to be
chief executive
officer of tlie
city.

Chairman of
the school com-
mittee and of
the overseers of
the poor.

School com-
mittee.

Repeal not to
revive act liere
tofore repealed
etc.

162

1882. — Chapter 211,

When to take
efltct.

Charter revised.

accruing or accrued, or any offence committed, or penalty
or forfeiture incurred at the time when this act takes effect,
or any suit or prosecution or other proceeding then pend-
ing, nor abridge the term of any office then filled, nor
affect any ordinance then in force and not inconsistent
with this act.

Section 13. This act shall take effect for the election
of municipal officers at the annual municipal election on
the first Tuesday of December in the year eighteen hun-
dred and eighty-two, and for all other purposes at the
beginning of the municipal year in the following January :
provided^ that it shall be accepted by a majority of the
legal voters of said city of Newton voting thereon by bal-
lot at the annual state election in the year eighteen hun-
dred and eighty-two, notice thereof having been duly given.

Approved May 10, 1882.

C hap. 2\1 An Act to revise the charter of the city of taunton.
Be it enacted, etc., asfolloios:

Section 1. The inhabitants of the city of Taunton,
for all purposes for which towns and cities are by law
incorporated in this Commonwealth, shall continue to be
a body politic and corporate under the name and style of
the City of Taunton, and as such shall have, exercise and
enjoy all the rights, immunities, powers and privileges, and
shall be subject to all the duties and obligations now in-
cumbent upon and appertaining to said city as a municipal
corporation.

Section 2. The administration of all the fiscal, pru-
dential and municipal affairs of said city, with the govern-
ment thereof, shall be vested in a mayor, one council of
eight to be called the board of aldermen, and one council
of twenty-four to be called the common council; which
boards, in their joint capacity, shall be called the city
council; and the members thereof shall be sworn to the
faithful discharge of their duties. A majority of each
board shall constitute a quorum for business.

Section 3. The city of Taunton shall continue to be
divided as heretofore into eight wards. The v\ty council
ina}^ at any time before the year eighteen hundred and
eighty-five, and not oftener than once in five years tliere-
after, alter, if needful, the boundaries of the wards so as
to preserve, as nearly as may be consistent with well de-
fined limits to each ward, an equal number of voters in
each ward ; and until such alteration shall be made the

Oovernment
vested ill mayor
and city council.

To bo divided
i nto eight wardM.

1882. — Chapter 211.

163

boundary lines of the wards of said city shall remain as
now established.

Section 4. On Tuesday after the first Monday in
December in each year, there shall be chosen by ballot in
each of said wards, a warden, clerk and three inspectors
of elections, who shall be different persons, residents in
the ward, who shall hold their offices one year and until
others are chosen and qualified in their stead. Said war-
dens shall preside at all ward meetings, with the powers of
moderators of town meetings ; and if at any meeting the
warden is not present, the clerk shall preside until a war-
den pro tempore is chosen by ballot ; if both the warden and
clerk are absent, the senior in age of the inspectors pres-
ent shall preside until a warden pro tempore is thus chosen ;
and if all said officers are absent, any legal voter in said
ward may preside until a warden pi'o tempore is so chosen.
When any ward officer is absent, or neglects to perform
his duty, his office shall be filled pro tempore, by the voters
present. The clerk shall record all the proceedings of
such meetings and certify the votes cast and deliver to
his successor in office all records, journals, documents and
papers held by him in his official capacity. The inspectors
shall assist the warden in receiving, assorting and count-
ing the votes. All said officers shall be sworn to the faith-
ful discharge of their duties. The oath of office shall be
administered by the clerk to the warden, and by the war-
den to the clerk and to the inspectors, or to either of said
officers by any justice of the peace ; certificate of such
oaths shall be made by the clerk upon the ward records.
The election of municipal officers shall take place on
Tuesday next after the first Monday of December annu-
ally, and the municipal year shall begin on the first Mon-
day of January following. All warrants for meetings of
the citizens for municipal purposes, to be held either in
wards or in general meeting shall be issued by the mayor
and aldermen, and shall be in such form and served and
returned in such manner and at such times as the city
council shall by ordinance direct.

Section 5. The mayor shall be elected by the qualified
voters of the city at large, voting in their respective
wards. He shall be a qualified voter of the city, and shall
hold his office for the municipal year next following his
election, and until another shall have been elected and
qualified in his place. One alderman and three common
eouncilmen shall be elected by and from the voters of each
ward, and shall at the time of their election be residents

Election of
ward olficers.

Ward officers to
■be sworn.

M'^arrants for

niet'tings, etc.

Mayor to be
elected at large.

One alderman
and three
eouncilmen
from each ward.

164

1882. — Chapter 211.

School com'
tnittee.

Vacancies.

Annual election
of ollicerB.

Certiflcatea of
election.

of the wards respectively in which they are elected ; they
shall hold their offices for the municipal year next follow-
ing their election and until a majority of the new boards
respectively shall be elected and qualified in their places.
The board of school committee shall consist of eleven per-
sons; three members shall be chosen at each annual elec-
tion, in the manner provided for the election of mayor, for
the term of three years. The mayor and president of the
common council shall be ex officiis members of the board
of school committee, with the same powers and duties as
if severally elected thereto ; and the mayor shall be chair-
man of said board. The persons heretofore elected as
members of said board shall continue in office according
to the tenure thereof. The board of school committee shall
be the final judge of the qualification and election of its
own members, and shall have all the powers vested in
school committees by the laws of the Commonwealth. A
majority of the members of said board shall constitute a
quorum for the transaction of business. Any vacancy
occurring in said board may be filled, for the remainder of
the municipal year, by the joint ballot of the aldermen
and school committee, and for the unexpired term there-
after shall be filled at the first municipal election after
such vacancy occurs.

Section 6. On Tuesday after the first Monday of
December in each year when the qualified voters in each
ward shall give in their votes for mayor, aldermen, com-
mon councilmen, school committee and ward officers, as
herein before provided, all the votes so given in shall be
assorted, counted, declared and registered in open ward
meeting, and the name of each person voted for and the
number of votes given for each person shall be recorded
in words at length. The clerk of the ward, within twen-
ty-four hours after such election shall cause to be delivered
to each person elected as alderman and common council-
man a certificate of his election, signed by the warden and
clerk and a majority of the inspectors, and shall deliver
to the city clerk a copy of the record of such elections
certified in like manner: provided^ that in all cases the
persons receiving the greatest number of votes for their
respective offices shall be declared to be elected. If two
or more persons have received the same number of votes
for any of said offices, the meeting may be adjourned from
time to time until some person is elected. The board of
aldermen shall, as soon as may be antl in the manner pro-
vided by law, examine the copies of the records of the

1882. — Chapter 211.

165

several wards, certified as aforesaid, and shall cause the
person who has received the greatest number of votes for
mayor, and the persons who have received the greatest
number of votes for school committee, respectively, to be
notified in writing of their election ; but if there shall
appear to be a failure so to elect in an}'^ case, or if a per-
son so elected shall refuse to accept his office, the board
of aldermen shall issue their warrants for a new election,
and the same proceedings as herein before provided shall
thereupon be had and repeated until such officers shall be
elected. In case of the decease or resignation of the
mayor, or of his inability to perform the duties of his
office, the board of aldermen and the common council
shall respectively, by vote, declare that a vacancy exists,
and the cause thereof; whereupon the two boards shall
meet in convention and elect a mayor to fill such vacancy ;
and the mayor thus elected shall hold the office until the
inability aforesaid is removed, or until a new election,
which may be ordered by the board of aldermen. The
oath of office shall be administered to the mayor by the
city clerk or any justice of the peace. The aldermen and
common councilmen elect shall, on the first Monday of
January in each year at ten o'clock in the forenoon, meet
in convention, when the oath shall be administered to them
by the mayor or city clerk, a certificate whereof shall be
entered on the journals of said boards by their respective
clerks. The boards shall then separate and the common
council shall be organized by the choice of one of their
number as president, and also of a clerk, not one of their
number, both of whom shall be sworn to the faithful dis-
charge of their duties. In case of the absence of the
mayor elect on the first Monday of January, or if the
mayor shall not then have been chosen, the city govern-
ment shall be organized m the manner herein before pro-
vided, and may proceed to business in the same manner as
if the mayor was present ; and the oath of office, at any
time thereafter in convention of the two branches, may
be administered to the mayor and any member of the city
council who may liave been absent at the organization.
The board of aldermen shall elect one of their number to
preside at all meetings of the board when the mayor does
not preside, who shall be called the chairman of the board elected
of aldermen, and who shall hold office during the muni-
cipal year for which he is elected. In the absence of both
the mayor and chairman of the board of aldermen, the
aldermen shall elect one of their members as chairman for

Vacancy in the
office of mayor.

Organization of
the government.

Ciiairraan of the
board of alder-
men to be

166

1882. — Chapter 211,

Each board to
keep record of
its own pro-
ceedings.

Mayor to be
chief executive
officer.

Mayor to nomi-
nate, subject to
confirmation,
etc., by alder-
men.

Executive
power vested in
mayor and
aldermen.

Election of city
clerk, treaeurer,
etc.

the time being. In the absence of the mayor, the chair-
man of the board af aldermen shall preside at all conven-
tions of the city council. Each board shall keep a record
ol its own proceedings, and judge of the election of its
own members ; but in case of the failure of an election, or
in case of any vacancy declared by either board, the mayor
and aldermen shall order a new election.

Section 7. The mayor shall be the chief executive
officer of the city ; he shall be vigilant in causing the laws
and regulations of the city to be enforced ; he shall exer-
cise a general supervision over the conduct of all subordi-
nate officers, and shall cause their neglect of duty to be
punished. He may call special meetings of ^the boards of
aldermen and common council, or either of them, when he
deems it necessary, by causing written notices thereof to
be left at the places of residence of the several members.
He shall from time to time communicate such information
and recommend such measures as in his opinion the inter-
ests of the city may require. He shall preside in the board
of aldermen, and in convention of the two boards.

Section 8. In all cases in which appointments are di-
rected to be made by the mayor and aldermen, the mayor
shall have exclusive power of nomination, being subject
however to confirmation or rejection by the board of alder-
men ; but if a person so nominated shall fail of confirma-
tion it shall be the duty of the mayor to make another
nomination within one month from the time of such rejec-
tion or failure to confirm.

Section 9. The executive power of said city generally,
and the administration of the police, with all the powers
formerly vested in the selectmen of the town of Taunton,
and heretofore vested in the mayor and aldermen of the
city of Taunton, shall continue to be vested in and exer-
cised by the mayor and aldermen of said city, as fully as
if the same were herein specially enumerated. The mayor
and aldermen shall have full exclusive power to appoint
constables, and a city marshal or chief of police and assist-
ants, with the powers and duties of constables, and all
other police officers, and to remove the same when cause
exists therefor. All other powers now vested in the in-
habitants of said city, and all powers granted to them by
this act, shall be vested in the mayor and aldermen and
common council, except so far as different j)rovisions are
herein made, to be exercised by concurrent vote, each board
to have a negative upon the other. The city couiu'il shall
q,nnually, as soon as may be after organization, elect by

1882. — Chapter 211.

167

joint ballot a city treasurer, collector of taxes, city clerk,
city solicitor, superintendent of streets, and city physician
for tlie ensuing year, who shall hold their respective offices
until others are elected and qualified in their stead, and
the city council shall, in such manner as may be determined
by ordinance, appoint or elect all other subordinate officers
not herein otherwise provided for, define their duties and
fix the compensation of all officers and subordinate officers
so far as the same are not determined by the laws of the
Commonwealth. The city council may fill a vacancy ex-
isting in any such office, and may remove any of said offi-
cers for cause. The sessions of the boards aforesaid shall
be public when they are not engaged in executive business.
The city council shall see that no money is paid from the
city treasury unless granted or appropriated ; they shall
secure a just and prompt accountability by requiring bonds,
with sufficient penalties and sureties, from all persons in-
trusted with the receipt, custody or disbursement of money,
and from such other officers as they may think necessary ;
tliey shall have the care and superintendence of the city
buildings, and the control and management of all city prop-
erty, with power to let or sell what may be legally let or
sold : and to purchase property, real and personal, in the
name and for the use of the city, whenever in the judgment
of the city council it may be deemed expedient. The city
council shall publish annually a particular account of the
receipts and expenditures of the city, and a schedule of
the property and debts of the same. The city council
shall also fix the annual salary of the mayor.

Section 10. No alderman or common councilman shall
be appointed or elected by the city council, or either branch
thereof, to any office the salary of which is paid by the
city.

Section 11. The city clerk before entering upon the
duties of his office shall be sworn to the faithful perform-
ance thereof. He shall be clerk of the board of aldermen,
shall attend said board when the same is in session, keep a
journal of the acts and proceedings of said board, sign all
warrants issued by them, and do such other acts in his
capacity as may lawfully and reasonably be required of
him ; he shall deliver all journals, records, papers and
documents, and other things intrusted to him as city clerk,
to his successor in office immediately upon such successor
being chosen and qualified as aforesaid, or whenever he
may be thereto required by the board of aldermen. He
shall also be clerk of the cjty council when in convention.

Vacancies and
removals.

Annual state,
ment of receipts
and expendi-
tures to be pub-
lished.

Members of city
council not to
hold salaried
office.

City clerk to
be clerk of the
board of alder-
men, and clerk
of the city coun-
cil when in
convention.

168

1882. — Chapter 211.

Aegessors and

assistant

aeeeesors.

Overseers of the
poor.

He shall perform all the duties and exercise all the powers
by law incumbent upon or vested in clerks of towns in this
Commonwealth, or by law belonging to the city clerk of
the city of Taunton, as fully as if the same were particu-
larly enumerated. In case of the temporary absence or
sickness of the city clerk, or in case of his death, the
mayor and aldermen may appoint a city clerk fro tempore^
with all the powers, duties and obligations of the city
clerk, until the city clerk resumes his duties, or his suc-
cessor is elected ; and said officer shall be sworn in the
manner provided in the case of the cit}^ clerk.

Section 12. The persons heretofore elected by the
city council as members of the board of assessors shall
continue in office according to the terms heretofore estab-
lished, and as soon after the first Monday in January an-
nually hereafter as conveniently may be, the city council
shall by concurrent vote elect one person, a resident of
said city, to serve as a member of said board for three
years from said first Monday, and until his successor is
chosen and qualified. The city council may in like man-
ner fill any vacancy in said board ; ma}'- elect such assist-
ants and provide such clerical aid as it deems necessary,
and define the duties and fix the compensation of all of
said officers. The assessors chosen as aforesaid shall exer-
cise the same powers and be subject to the same duties and
liabilities as town assessors under the laws of the Com-
monwealth. They shall be sworn to the faithful discharge
of their duties. All taxes shall be apportioned and col-
lected in the manner prescribed by the laws of this Com-
monwealth : provided^ hoivever, that the city council may
establish further or additional provisions for the collection
thereof.

Section 13. As soon after the acceptance of this act
as may be convenient, the city council shall by concurrent
vote choose three 2:)ersons to be overseers of the poor, —
one for three years, one for two years, and one for one
year, from the first Monday of January preceding said
election, and until others shall be elected in their stead ;
and thereafter in the month of January annually said city
council shall in like manner choose one person who shall
hold his office for the term of three years next ensuing,
and until another sliall be chosen and qualified in his stead.
The city council may, for cause, remove any member of
said board, and shall fill any vacancy therein for the unex-
pired terra, by election in the manner herein before pro-
vided, as soon as may be after the occurrence of such

1882. — Chapter 211,

169

Fire depart-
ment.

vacancy. Annually in the month of January said board
shall organize by the choice from their own number of a
chairman and a secretary, who shall also act as agent of
said board. The city council shall fix the compensation of
said overseers of the poor.

Section 14. There shall be a board of health consist- Board of health,
ing of the city physician and two other persons, who shall
be forthwith appointed in the manner provided in sections
eight and fifteen of chapter eighty of the Public Statutes ;
and said board shall have all the powers and privileges and
be subject to all the duties and provisions relating to
boards of health so appointed, set forth in said chapter,
and all the power and authority now vested in the board
of health of said city shall be transferred to and be vested
in the board of health appointed as above provided.

Section 15. The city council shall establish a fire de-
partment for said city, and shall by ordinance determine
of what officers and members said department shall con-
sist, prescribe the time and mode of their appointment and
removal, define their powers, duties and periods of service,
fix their compensation and make such other regulations
regarding their conduct and government as they deem
expedient. The engineers or other officers of the depart-
ment, appointed as aforesaid, shall have all the powers
and authority conferred upon fire wards by the Public
Statutes. The city council of said city may by ordinance
make regulations concerning the management of fires, the
conduct of all persons present at the same, the removal
and protection of property, the examination of any build-
ing or place where combustible materials or substances are
supposed to be kept or deposited, the removal of such
materials and substances, and the adoption of other suita-
ble safeguards against fires and the loss or destruction of
property by reason of the same. Said city may procure
and hold such land, buildings, furniture, engines and other
apparatus as may be necessary for the purposes of the fire
department ; and the city council may by ordinance make
regulations regarding the use, control and preservation
thereof. The powers and duties mentioned in the preced-
ing sections, or any of them, may be exercised and carried
into eifect by the said city council in any manner in which
it may prescribe, and through the agency of any persons
or any board or boards to whom it may delegate the same.
Suitable penalties may be affixed to the violation of the
regulations made under the authority of this act, not
exceeding twenty dollars for any breach thereof. Said

Powers may
be exercised in
manner pre-
scribed by the
city council.

170

1882. — Chapter 211,

Maj'or and
aldermen, with
concurrence of
common coun-
cil, may lay out
streets, etc.

Drains and
common sewers.

Election of rep-
resentatives to
tlie general

Election of
national, state
and county
otticers.

city is authorized to expend a sum not exceeding five hun-
dred dollars annually, under the direction of the city coun-
cil, for the relief of such firemen as are disabled in the
service of said city, and for the relief of the famDies of
such firemen as are killed in the performance of their
duties.

Section 16. The mayor and aldermen, with the con-
current vote of the common council, may lay out, alter
or discontinue streets and town ways, fix the grades there-
of and estimate the damages sustained by parties thereby ;
but all parties aggrieved b}^ such action shall have the
same right of application and complaint to the county
commissioners that they now have when dissatisfied with
the action of selectmen of towns.

Section 17. The mayor and aldermen, with the con-
currence of the common council, may lay drains and com-
mon sewers through streets or private lands, paying the
owners such damages as they sustain thereby. They may
require any person opening a drain into such common
drain or sewer to pay a reasonable sum for that privilege.

Section 18. The mayor and aldermen shall in each
year issue their warrants for calling meetings for the
election of the whole number of representatives to the
general court, to which the said city is b}* law entitled,
such number to be specified in such warrants.

Section 19. All elections of county, state and United
States officers, who are chosen by the people, shall be held
at meetings of citizens qualified to vote in such elections
in their respective wards at the times prescribed by law ;
the votes given for such officers shall be received, assorted,
counted, declared and registered in open ward meetings,
as is herein provided in reference to city officers. The
ward clerks shall forthwith deliver to the city clerk certi-
fied copies of the records so made ; and all ballots and
check lists shall be sealed and transmitted to the city clerk
in the manner provided by the laws of the Commonwealth.
The city clerk shall forthwith record such returns; and
the mayor and aldermen shall, within the time provided
by law, after every such election, examine and compare all
such returns, and make out a certificate of the result of
such election, to be signed by the mayor and a majority of
the aldermen, and also by the city clerk, wliich certificate
shall be transmitted, delivered and returned as by law
required. If the whole number of rejjresentatives to the
general court are not elected, the mayor and aldermen
shall issue their warrants for a new election, conformably
to the constitution and htws.

1882. — Chapter 211,

171

Section 20. Lists of voters in each ward shall be pre-
pared by the mayor and aldermen in the manner provided
by the laws of the Commonwealth, and for that purpose
they shall have access to the assessors' books and lists, and
be entitled to the assistance of all the city officers ; and
said lists, so prepared, the}' shall deliver to the clerks of
the wards, to be used at such elections, and shall cause
copies thereof to be posted in three public places in each
ward the length of time required by law prior to such elec-
tions ; and no person shall be entitled to vote in a ward
whose name is not borne on such a list: provided^ that any
person whose name shall not be borne on the list of the
ward in which he is entitled to vote when it shall be placed
in the hands of the clerk of said ward shall have the right
to have his name entered thereon at such time thereafter
as is provided in like cases by the laws of this Common-
wealth.

Section 21. General meetings of the citizens qualified
to vote may be held according to the right secured to the
people by the constitution of the Commonwealth. Such
meetings shall be called by the mayor and aldermen on the
petition of fifty qualified voters.

Section 22. The city council shall make by-laws or
ordinances, with suitable penalties, for the inspection,
survey, measurement, weighing and sale of lumber, wood,
coal and bark brought into or exposed in the city for sale,
and all such other by-laws as towns may make and estab-
lish ; but no penalty for a breach thereof shall exceed
twenty dollars. Such by-laws shall be presented to the
mayor for his approval ; if he approve, he shall sign them ;
if not, he shall return them to either branch of the city
council, with his objections ; if they are again passed by
two-thirds of the members of each board present and voting
thereon, the same shall become a law, otherwise not. All
fines and forfeitures for the breach of any by-law or ordi-
nance shall be paid into the city treasury.

Section 23. All fines, forfeitures and penalties accru-
ing for the breach of any by-law of said city, or of the
ordinances of the city council, or of any of the orders of
the mayor and aldermen, may be prosecuted for and recov-
ered before the first district court of Bristol in the man-
ner in which fines, forfeitures and penalties have heretofore
been by law prosecuted for and recovered ; reserving how-
ever to the party prosecuted the right of appeal to the
superior court. If any person refuses to pay such a fine
imposed upon him, or refuses to recognize with sureties to

Lists of voters.

Oeneral meet-
ings of citizens.

Inspection of
lumber, bark,
etc.

Fines and for-
feitures may be
prosecuted for,
before tlie first
district court
of Bristol.

172

1882. — Chapter 212.

Void, iinlegg
accepted within
three months.

prosecute his appeal, the same proceedings shall be had as
in an}^ criminal prosecution.

Section 24. This act shall be void unless accepted by
the city council of Taunton within three months from its
passage. Approved May 11, 1882.

Chap. 212

Experiment
station estab-
lished.

Management
vested in board
of control.

Board to make
report to tlie
legislature.

Two members
of board to
retire each year.

Board to ap-
point otiicers,
and provide
apparatUK for
experiments.

An Act to establish an agricdltdral experiment station.
Be it enacted, etc. , as follows :

Section 1. An agricultural experiment station shall
be established and maintained at the Massachusetts agri-
cultural college in the town of Amherst.

Section 2. The management of said station shall be
vested in a board of control of seven persons of which
board the governor shall be president ex officio, and of which
two members shall be elected from the state board of agri-
culture, by said board of agriculture ; two from the trustees
of the Massachusetts agricultural college, by said trustees ;
one from the Massachusetts societ}'^ for promoting agricul-
ture, by said society ; and the remaining member shall be
the president of the Massachusetts agricultural college.
The said board shall choose a secretary and treasurer.

Section 3. The said board of control shall hold an
annual meeting in the month of January, at which time it
shall make to the legislature a detailed report of all moneys
expended by its order, and of the results of the experiments
and investigations conducted at said station, with the name
of each experimenter attached to the report of his own
work, which detailed report shall be printed in the annual
report of the secretary of tlie state board of agriculture.

Section 4. The said board of control shall at its first
meeting arrange for the retiring of two members each year,
and the successors of such retiring members shall be elect-
ed by the bodies respectively which such retiring members
represent : provided, that in the years in which under such
arrangement the president of the Massachusetts agricul-
tural college would be retired, the said president shall
remain and one member only shall be retired.

Section 5. Tlie said board of control shall appoint a
director, a chemist, and all necessary assistants, aiul shall
ju-ovide suitable and necessary a{)paratus and ap|)liances
for the purpose of conducting experiments and investiga-
tions in the following subjects: — i^<rs^ The causes, pre-
vention and remedies of the diseases of domestic animals,
])lants and trees ; Second, 'J'he history and habits of insects
destructive to vegetation, and the means of abating them ;

1882. — Chapter 213.

173

Thirds The manufacture and composition of both foreign
and domestic fertilizers, their several values and their
adaptability to different crops and soils ; Fourth^ The values,
under all conditions, as food for all farm animals, for vari-
ous purposes, of the several forage, grain and root crops ;
Fifths The comparative value of green and dry forage, and
the cost of producing and preserving it in the best condi-
tion; Sixths The adulteration of any article of food intended
for the use of men or animals ; and in any other subjects
which may be deemed advantageous to the agriculture and
horticulture of the Commonwealth. It may from time to May furnish
time distribute any or all of the results of any experiment wuif ^efuhs of
or investigation to such newspapers as may desire to pub- experiments.
lish the same.

Section 6. There shall be paid from the treasury of Allowance for
the Commonwealth to the treasurer of said board of con- maint™nance°of
trol before the first day of July in the year eighteen hun- «*'*"o"-
dred and eighty-two the sum of three thousand dollars, to
establish, prepare and equip said station; and for the main-
tenance of said station hereafter there shall also be paid to
said treasurer the sum of five thousand dollars annually,
in regular quarterly instalments, on the first days of Janu-
ary, April, July and October of each year, beginning on
the first day of July in the year eighteen hundred and
eighty-two. Approved May 12, 1882.

An Act to provide a burial place for prisoners dying in Chap.2\^

THE reformatory PRISON FOR WOMEN.

Be it enacted, etc., as follows:

Section 1. The commissioners of prisons may pur-
chase and hold, in behalf of the Commonwealth, such land
not exceeding one acre in extent, within the town of Sher-
born, as they may deem necessary for the burial of prison-
ers who die in the reformatory prison for women ; and
they may use such land for the purpose aforesaid : pro-
vided, that they shall not expend for the purchase thereof
a sum exceeding one hundred and fifty dollars. Said com-
missioners may expend for fencing such land and preparing
it for use as aforesaid a sum not exceeding five hundred
dollars.

Section 2. This act shall take effect upon its passage.

Approved May 12, 1882.

Burial place to
be provided for
prisoners.

174

1882. — Chapters 214, 215, 216.

Double track for
railruad and
tuuuoi.

Chap. 2X4 An Act making appropriations for the double tracking

AND IMPROVEMENT OF THE TEOY AND GREENFIELD RAILROAD
AND IIOOSAC TUNNEL.

Be it enacted, etc., as follows :

Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth, to be expended under the direction of the gov-
ernor and council, for continuing the double tracking of
the Troy and Greenfield Railroad and Hoosac Tunnel, to
wit: F'or continuing the double tracking of the Troy and
Greenfield Railroad, east of the eastern portal of the
Hoosac Tunnel, a sum not exceeding two hundred and
fifty thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved May 12, 1882.

Fees of officers
for summoning
witnesses in
criminal cases.

Chap.2\o An Act fixing fees of officers for summoning witnesses

IN CRIMINAL CASES.

Be it enacted, etc., as follows :

Section 1. There shall be taxed and allowed to
deputy sheriffs, constables and other oflBcers in criminal
cases, for summoning witnesses ten cents each, and for
travel ten cents a mile each way, for any distance not
exceeding twenty miles, and for any excess of distance
over twenty miles five cents a mile to be computed each
way, and no more; the distance to be computed from the
most remote place of service to the place of return ; but
upon a subpo'na the court to which the same is returnable
shall reduce the fee for travel to a reasonable amount for
the service performed whenever the travel charged has
not been actually performed by the officer who has made
the service.

Section 2. All acts and parts of acts inconsistent with
this act are repealed.

Section 3. This act shall take effect upon its passage.

Approved May 12, 1882.

Ch(q).2\(\

AsBistant )i»r-
bor masters may
be api)ointeil.

An Act in relation to assistant haup.ok masters.
Be it enacted, etc. , as follows :

Section 1. Assistant harbor masters may be appointed
for any harbor in the Commonwealth by the mayor and
aldermen of the city or by the selectmen of the town in
which such harbor is situated. Such mayor and aldermen
or selectmen shall lix the compensation t)f such assistants,
to be paid by their respective city or town, and the assist-

1882. — Chapter 217.

175

Notice by assesB-
ors to require
returns to be
made within a
specified time.

ants so appointed shall continue in office until the appoint-
ment of their successors or until their appointments shall
have been revoked.

Section 2. Such assistants shall be subject to the to be under
direction and control of the liarbor master of their respec- harbm^master.''
tive city or town, and shall have all the powers and be
subject to all the duties of said harbor master whether
given by general or special acts.

Section 3. This act shall take effect upon its passage.

Approved May 12, 1882.
An Act providing for returns of property held for lit- Chap. 2X1

ERARY, benevolent, CHARITABLE OR SCIENTIFIC PURPOSES.

Be it enacted, etc., as follows:

Section 1. The notice to be given by assessors under
the provisions of section thirty-eight of chapter eleven of
the Public Statutes shall require all persons and corpora-
tions to bring in to the assessors, within a time therein
specified, not later than the first day of July in the then
current year, true lists of all real and personal estate held
by such persons and corporations respectively for literary,
benevolent, charitable or scientific purposes on the first
day of May in said yecir, together with statements of the
amounts of all receipts and expenditures by such persons
or corporations for said purposes during the year next
preceding said first day of May ; such lists and statements
to be in such detail as may be required by the tax com-
missioner : provided, that the assessors may accept any
such list and statement after the time so specified if they
shall be satisfied that there was good cause for the delay ;
but no list or statement shall be received after the first
day of August in the then current year.

Section 2. If any person or corporation wilfully
omits to bring in the list and statement of real and per-
sonal estate as herein required, the estate so held shall not
be exempt from taxation in the then current year under
the provisions of the third clause of section five of said
chapter.

Section 3. The tax commissioner shall cause to be
printed and distributed to assessors suitable printed forms
for such lists and statements, and assessors shall forward
to the tax commissioner all such lists and statements re-
ceived by them with the statements required by section
ninety of said chapter; and the tax commissioner shall
cause to be prepared and submitted with his annual report

Not exempt
from taxation
unless return is
made as re-
quired.

Printed forms to
be furnished to
asBes-»or8.

returns to insur
ance conimis-
siolier under
P. S. 115, § 11

176 - 1882. — Chapters 218, 219, 220.

to the general court such an abstract of the particulars
contained in such lists and statements as he shall deem
for the public interest.
Not to apply to SECTION 4. This act shall not apply to corporations
making returns to the insurance commissioner under the
provisions of section eleven of chapter one hundred fifteen
of the Public Statutes.

Section 5. This act shall take effect upon its passage.

Approved May 12, 1S82.

Chap. 218 An Act fixing the payment of costs in appeals for abate-
ment OF TAXES.

Be it enacted, etc., as follows:
coBts in appeals Scctiou scvcnty-onc of chaptcT eleven of the Public
for abatement of g^^tutcs is amended by adding at the end thereof the
following words : " and may make such order relating to
the payment of costs as justice may seem to require : pro-
vided, that taxable costs shall not be allowed to a party
who has failed to file a list of his estate as required by
law." Apiiroved May 12, 1882.

Chap. 219 An Act to abolish the school district system.

Be it enacted, etc., as follows:
School district Section 1. The school district* system in this Com-
iJhod"^ ''^°^" monwealth is hereby abolished.

Provisions of SECTION 2. The provisioHs of chapter forty-five of the

appiy-^ ^^ Public Statutes, so far as the same apply to towns in which

the school district system is abolished by vote, shall apply

to all towns in which the school district system is abolished

by this act.
To take effect SECTION 3. This act shall take effect on the first day

Jan. 1.1883. ^£ j^^i^u^ry in the year eighteen hundred and eighty-three.

Approved May 12, 1882.

Chap. 220 An Act to prohibit the granting of licenses for the sale
OF intoxicating liquors on premises within a certain
distance of public schools.
Be it enacted, etc., as follows:
Licenses not to SECTION 1. No Hccnse of tlic first, second or third
buiknuKiuar class, uudcr the provisions of chapter one hundred of tlie
public school. Public Statutes, shall be granted for the sale of intoxicat-
ing li(juors in any building or place on the same street
within four liundred feet of any building occupied in whole
or in part by a public school.

Section 2. This act shall take effect upon its passage.

Approved May 12, 1882.

1882. —Chapter 221.

177

An Act to regulate the inspection and analysis of intoxi- Chap. 221

CATING LIQUORS.

Be it enacted, etc., as follows:

Section 1. The inspector and assayer of liquors, re- inspection and
quired by chapter one hundred of the Public Statutes to Hquors!"
inspect and analyze liquors sent to him as provided in said
chapter, shall analyze such liquors as may be sent to him
by police officers and other officers authorized by law to
make seizures of liquors, and return a certificate, signed
by him, to the officer sending the same, stating the per-
centage of alcohol, by volume, at sixty degrees Fahrenheit,
which such samples of liquors contain.

Section 2. A certificate shall accompany each and certificate to

, f. , . . 1 nr. J. • 1 • J. accompany each

every sample of liquor sent by an officer to said inspector sample.
and assayer for analysis stating by whom the liquor was
seized, the date of the seizure and the name and residence
of the officer who seized said liquor. The said inspector
and assayer shall note the date of the receipt and the
analysis of said liquors upon said certificate, with the per-
centage of the alcohol, as required by section one of this
act. Said certificate may be in the following form : —

City of

(ok Town of)

188

To the Inspector and Assayer of Liquors for the Commonwealth of Massa-
chusetts.

Sir, I send you herewith a sample of taken from liquors

seized by me. (Date) 188 .

Ascertain the percentage of alcohol it contains, by volume, at sixty
degrees Fahrenheit, and return to me a certificate herewith upon the
annexed form.

Constable of
Police officer of

Commonwealth of Massachusetts.

Office of the Inspector and Assayer of Liquors,
Boston, 188 .

This is to certify that the
above statement contains
sixty degrees Fahrenheit.
Received 188

Analysis made 188

Seal.

Form of cer.
tificate.

received by me with the
per cent, of alcohol, by volume, at

Inspector and Assayer of Liquors
for the Commonwealth.

Section 3. The secretary of the Commonwealth shall secretary to
cause to be provided and shall supply a suitable number P'^ovide forip«,
of the forms prescribed in section two of this act. The

178

1882. — Chapters 222, 223.

Certificates to
be admitted as
evidence.

Penalty for
tampering with
samples, etc.

Court may
order analysis
by other than
the inspector.

certificate of said inspector and assayer, given under his
hand and seal substantially in the form herein before set
forth, shall be admitted as evidence on trials for the for-
feiture of intoxicating liquors as to the composition and
quality of the liquors to which it relates.

Section 4. Any person who shall tamper with samples
of liquor taken as herein provided, or shall alter the state-
ments made upon the forms or certificates aforesaid, shall
be liable to tiie penalties provided in section eighteen of
chapter one hundred of the Public Statutes.

Section 5. Any court or trial justice may cause liquors
seized under the provisions of said chapter to be analyzed
by a competent chemist other than said inspector and as-
sayer of liquors, and the reasonable expense thereof, in-
cluding a fee not exceeding five dollars for each analysis,
shall be taxed, allowed and paid like other costs in crimi-
nal cases.

Section 6. This act shall take effect upon its passage.

Approved May 12, 1882.

Chap. 222 An Act in relation to advertising applications for liquor

LICENSES IN THE CITY OF BOSTON.

Be it enacted, etc., asfolloios:

Section 1. Section six of chapter one hundred of the
Public Statutes is amended by inserting after the words
"printed therein," in the fourth line thereof, the words
"and in the Charlestown, East Boston, South Boston, Rox-
bury. West Roxbury, Dorchester and Brighton Districts
respectively in said city, in at least one weekly newspa| er
published in the district where the premises for which the
license is asked are located, if there be any so published."

Section 2. This act shall take effect upon its passage.

Approved May 12, 1882.

Chap. 223 An Act relating to the making and entering of decrees

OF divorce.

Be it enacted, etc., as follows :

Section 1. Section nineteen of chapter one hundred
and forty-six of the Public Statutes is amended so as to
read as follows : " Section 19. All decrees of divorce shall
in the first instance be decrees nisi, to become absolute
after the expiration of six months from the entry thereof,
without further notice theroiif by publication or otherwise,
on application of either party to the court, or any justice
thereof, in term time or vacation ; and on such application

Advertising
applications for
liquor licenses.

Decrees of di-
vorce to be first
made iiiHi, to
become abso-
lute after nix
months, without
further notice.

1882. — Chapters 224, 225, 226. 179

the court or justice shall make a final decree, unless the
court has for sufficient cause, on application of any party
interested, otherwise ordered."

Section 2. This act shall take effect upon its passage.

Approved May 15, 1882.

An Act to limit the investments of savings banks and Chap. 224

INSTITUTIONS EOR SAVINGS IN THE STOCK OF BANKS AND BANK-
ING associations.

Be it enacted., etc., as follows:

No savings bank or institution for savings shall here- investments in
after invest or hold as collateral security more than three banklTimi'fed.
per cent, of its deposits in the stock of any one bank or
banking association such as are described in the fourth
clause of section twent}^ of chapter one hundred and six-
teen of the Public Statutes. Any such savings bank or
institution for savings which now has more than three per
cent, of its deposits invested as aforesaid, shall reduce its
investments therein to said limit, on or betore the first day
of July in the year eighteen hundred and eighty-three.

Approved May 15, 1882.

An Act to amend "an act to prevent discrimination in Chap. 225

FREIGHT RATES BY RAILROAD CORPORATIONS."

Be it enacted, etc. , as follows :

Section 1. Chapter ninety-four of the acts of the year no discrimina-
eighteen hundred and eighty-two is amended by striking ll^frdght i^L^s!
out the first and second sections thereof and inserting
instead the following words : " No railroad company shall
in its charges for the transportation of freight or in doing
its freight business make or give any undue or unreasona-
ble preference or advantage to or in favor of any person,
firm or corporation, nor subject any person, firm or cor-
poration to any undue or unreasonable prejudice or dis-
advantage."

Section 2. This act shall take effect upon its passage.

Approved May 16, 1882.

An Act in relation to blanks for certain court returns, Chap. 226

AND to reports OF ARRESTS.

Be it enacted, etc., as follows:

Section 1. Tiie blank forms of the returns required Blank forms of

by sections thirty-four and thirty -five of chapter two hun- fifrniThVd by

dred and nineteen of the Public Statutes shall be fur- commissioners

pt prisons.

180

1882. — Chapter 227.

Monthly reports
of arrests to be
made to com-
miesioners.

Repeal of P. S.
15, § 15; 219,
§36.

nished by the commissioners of prisons, and shall be in
such form as said commissioners shall prescribe.

Section 2. The police commissioners of the city of
Boston, the city marshals or chiefs of police of other cities
and of towns, and every officer making an arrest in a city
or town not having a chief of police, shall make monthly
reports to the commissioners of prisons, showing the num-
ber of persons of each sex arrested in their several cities
and towns ; such returns to be classified according to
offences. Said commissioners may in their annual report
present such statistics compiled from said reports as they
shall deem expedient.

Section 3. Section fifteen of chapter fifteen of the
Public Statutes and section thirty-six of chapter two hun-
dred and nineteen of the Public Statutes are repealed.

Approved May 16, 1882.

Chap. 227 An Act to establish the district court of Hampshire.

District court of
Hampebire.

Justices.
Salaries.

tiessioDs of tbe
court.

Writ may run
Into any county
when one of
dofendunts
resides iu the
district.

Be it enacted, etc., as follows:

Section 1. The several towns in the county of Hamp-
shire shall constitute a judicial district under the jurisdic-
tion of a court to be called the District Court of Hamp-
shire.

Section 2. There shall be one justice and two special
justices of said court ; and the justice thereof shall receive
from said county a salary of twenty-eight hundred dollars
a year.

Section 3. Said court shall be held on Monday and
Tuesday of each week in the town of Northampton ; on
the first and third Wednesdays of each month in the town
of Amherst; on the second Wednesday of each month
in the town of Cummington ; on the first and third Thurs-
days of each month in the town of Belchertowu ; on the
second and fourth Thursdays of each month in the town
of Huntington ; on the first, second and third Fridays of
each month in the town of Ware, and on the second and
fourth Saturdays of each month in the town of Easthamp-
ton. Other times and places for holding said court for
either civil or criminal business may be fixed by the jus-
tice thereof by general rule.

Section 4. When one of several defendants resides
within said district the writ issued by said court may run
into any county and be served on the other defendant or
defendiints fourteen days at least before its return day, in
like manner as if issued by the superior court. Except as

1882. — Chapters 228, 229, 230.

181

First sesBion of
court.

herein otherwise provided ail the provisions of law appli-
cable in common to police and district courts shall be
applicable to said court.

Section 5. The first session of said court shall be held
on the first Monday in July in the year eighteen hundred
and eighty-two ; but nothing herein shall affect any suit
or other proceeding begun prior to said first Monday in
July.

Section 6. This act shall take effect upon its passage.

Approved May 16, 1882.

An Act to authorize the salem seaman's orphan and Chap. 228
children's friend societt to hold additional real and

PERSONAL estate.

Be it enacted^ etc., as follows:

Section 1. The Salem Seaman's Orphan and Chil- Mayhoidaddi-
dren's Friend Society, originally incorporated by chapter pewonaTesufe.
eighty-one of the acts of the year eighteen hundred and
forty-one, may hold real and personal estate to an amount
not exceeding one hundred and fifty thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved May 16, 1882.

An Act to confirm and make valid certain proceedings Chap. 229

OF the first parish in BRIGHTON.

Beit enacted, etc., as follows :

Section 1. The omission by the first parish in Brigh- proceedings
ton to require the consent in writing of persons wishing ™^<is^*'»d-
to become members of said parish shall not invalidate its
organization or the proceedings in the business meetings
of said parish.

Section 2. The votes heretofore passed at the busi-
ness meetings of said parish shall not be held to be invalid
for the want of legal record evidence that the clerks there-
of have been properly sworn.

Section 3. This act shall take effect upon its passage.

Approved May 16, 1882.

Certain votes
not invalid.

An Act to change the name of the a. f. towle and son Chap. 230
manufacturing company of newburyport.

Be it enacted, etc., as follows:

Section 1. The name of the " A. F. Towle and Son Name changed.
Manufacturing Company," incorporated under the general
laws of the Commonwealth and located in the city of New-

182

1882. — Chapters 231, 232.

May make cer-
tain additional
invegtraents.

buryport, is changed to the "Towle Manufacturing Com-
pany."

Section 2. This act shall take effect upon its passage.

Approved May 16, 1882.

Chap.2S\ An Act to allow savings banks and institutions for sav-
ings ,TO MAKE additional INVESTMENTS.

Be it enacted, etc., as follows:

In addition to the investments authorized by section
twenty of chapter one hundred and sixteen of the Public
Statutes, savings banks and institutions for savings may
invest their deposits and the income derived therefrom in
the legally authorized bonds of the states of Pennsylvania,
Ohio, Michigan, Indiana, Illinois, Wisconsin and Iowa, and
of the District of Columbia, and in the legally authorized
bonds, for municipal purposes, of any city in the aforesaid
states and in the state of New York, which has at the date
of such investment more than fifty thousand inhabitants
and whose net indebtedness does not exceed five per cent,
of the valuation of the taxable property therein, to be
ascertained by the last preceding valuation of property
therein, for the assessment of taxes ; and in the note or
notes of any citizen of this Commonwealth, with a pledge
as collateral of any of the aforesaid securities, the amount
invested in such note or notes not to exceed in any case
eighty per cent, of the market value of the securities
pledged. Approved May 17, 1882.

Chap. 232 An Act relating to the officers in attendance upon the

SUPREME JUDICIAL COURT IN THE COUNTY OF SUFFOLK.

Be it enacted, etc. , as follows :

Section 1. The officers in attendance upon the su-
preme judicial court, in the county of Suffolk, not exceed-
ing four in number including the messenger of the justices
of the supreme judicial court in said county, shall each
receive in full for all services performed by them an annu-
al salary of fourteen hundred dollars, of which one thou-
sand dollars shall be paid by the said county and four
hundred dollars by the Commonwealth.

Section 2. Any additional officers whose attendance
may be hereafter required by the supreme judicial court in
the county of Suffolk, shall be paid for travel and for ser-
vices actually performed, as pri)vided in section sixty-eight
of chapter one hundred and fifty-nine of the Public Stat-
utes,

Section 3. This act shall take effect upon its passage.

Approved May 18, 1882.

Salaries of
nfflrers in
attendance

Compensation
of additional
officers.

1882. — Chapter 233.

183

An Act to establish the third and fourth district courts Chap. 233

OF EASTERN MIDDLESEX AND THE POLICE COURTS OF MARL-
BOROUGH AND BROOKLINE.

Be it enacted^ etc., as follows:

Section 1. The city of Cambridge and the towns of
Arlington and Belmont shall constitute a judicial district
under the jurisdiction of a court to be called the Third
District Court of Eastern Middlesex. Said court shall be
held in the city of Cambridge, and shall have a clerk.

Section 2. The towns of Woburn, Winchester and
Burlington shall constitute a judicial district, to be called
the Fourth District Court of Eastern Middlesex. Said
court shall be held in the town of Woburn, and shall have
a clerk.

Section 3. The town of Marlborough shall constitute
a judicial district under the jurisdiction of a court to be
called the Police Court of Marlborough ; and said court
shall have a clerk.

Section 4. The town of Brookline shall constitute a
judicial district under the jurisdiction of a court to be
called the Police Court of Brookline.

Section 5. There shall be one justice and two special
justices of each of said courts, and the said justices and
the clerks herein provided for shall be appointed in the
manner and with the tenure of office respectively provided
in the case of justices and clerks of other police and dis-
trict courts. All the provisions of law applicable in com-
mon to police and district courts shall be applicable to said
courts.

Section 6. The justice of the third district court of
Eastern Middlesex shall receive from the county of Middle-
sex an annual salary of twenty-two hundred dollars, and
the clerk thereof an annual salary of twelve hundred dol-
lars ; the justice of the fourth district court of Eastern
Middlesex shall receive from said county an annual salary
of twelve hundred dollars, and the clerk thereof an annual
salary of six hundred dollars ; the justice of the police
court of Marlborough shall receive from said county an
annual salary of one thousand dollars, and the clerk there-
of an annual salary of four hundred dollars; and the jus-
tice of the police court of Brookline shall receive from the
county of Norfolk an annual salary of eight hundred dol-
lars.

Section 7. The first session of each of said courts shall
be held on the first Monday in July in the year eighteen
hundred and eighty-two.

Third District
Court of East-
ern Middlesex.

Fourth District
Court of East-
ern Middlesex.

Police court of
Marlborough.

Police court of
Brookline.

Justices and
clerks.

Salaries of
justices and
clerks.

First sessions of
courts.

184

1882. — Chapters 234, 235.

Provisions of
P. 8. 82, § 16,
not to apply.

Police court of Section 8. All proceedings which may be pending
ab^isheF before the police court of Cambridge on said first Monday
in July shall be transferred to and be determined by the
said third distiict court of Eastern Middlesex ; and said
police court of Cambridge shall be abolished from that
date, and thereafter all provisions of law relating to said
police court shall cease to have effect. Except as above
provided, nothing in this act shall affect any suit or other
proceeding begun prior to said first Monday in July.
Section 9. This act shall take effect upon its passage.

Aj^proved May 18, 1882.

Chap. 234 An Act concerning memorial cemetery in the town of

WESTBOROUGH.

Be it enacted., etc., as follows:

Section 1. The provisions of section sixteen of chap-
ter eighty-two of the Public Statutes shall not apply to
that part of memorial cemetery in the town of Westbor-
ough which is bounded as follows, to wit : — south-easterly
on Main Street, twelve feet ; south-westerly on land of
Christopher Whitney, forty-three feet ; and north-easterly
on the remaining portion of said cemetery, forty-one feet.

Section 2. This act shall take effect upon its accept-
ance by a majority of the legal voters of said town present
and voting thereon at a legal meeting called for the purpose.

Approved May IS, 1882.

Chap. 235 An Act in relation to appeals from taxation of costs in

CIVIL actions.

Be it enacted, etc., as follows:

Chapter one hundred and ninety-eight of the Pul)lic
Statutes is amended by stiiking out section twenty-five
and substituting therefor the following : " Section 25. The
appeal shall be heard and determined at .the next term or
session unless the party who recovers costs elects to have
it determined by one of the justices in vacation and gives
reasonable notice thereof to the adverse party ; in which
ease it shall be so determined. If however in any case
co.sts are taxed before the expiration of any term the ap-
peal shall be heard before the final adjournment thereof by
the justice holding said term after reasonable notice to the
adverse party ; and the judgment shall be considered as
rendered when costs are finally taxed and alU)wed except
as is provided in the following section."

Approved May 18, 1882.

Subject to
acceptance by
tbe town.

Appeals from
taxation of costs
in civil action.

1882. — Chapters 236, 237.

185

An Act relating to the illegal taking and using of horses Chap. 236

AND carriages.

Be it enacted, etc., as folloios:

Whoever at any time hires a horse or carriage, and, with Penalty for
intent to cheat and defraud the owner thereof, makes to hJilesand"
the owner or his agent at the time of such hiring a false «'»"'*^«*-
statement of the distance which he proposes to travel with
such horse or carriage ; or with such intent to cheat or
defraud makes to the owner or his agent, after the use of
a horse or carriage, a false statement of the distance which
he has actually travelled with such horse or carriage ;
and whoever, with intent to cheat and defraud the owner
thereof, refuses to pay for the use of any horse or carriage
the lawful hack or carriage fare established therefor by
any city or town, shall be punished for each offence by a
fine not exceeding twenty dollars, or by imprisonment in
the jail not exceeding two months, or by both such fine
and imprisonment. Approved May 18, 1882.

An Act relating to the settlement of titles to real estate. Chap. 237
Be it enacted, etc., as follows:

When the record title of real estate is encumbered by
an undischarged mortgage, and the mortgagor and those
having his estate in the premises have been m uninter-
rupted possession of such real estate for twenty years after
the expiration of the time limited in the mortgage for the
full performance of the conditions thereof, he or they may
apply to the supreme judicial court by petition, setting
foith the facts, and asking for a decree as hereinafter pro-
vided ; and if after notice to all persons interested, by
publication or otherwise as the court may order, no evi-
dence is offered of any payment on account of the debt
secured by said mortgage within said twenty years, or of
any other act within said time in recognition of its exist-
ence as a valid mortgage, the court may enter a decree
setting forth such facts and its findings in relation thereto,
which decree shall, within thirty days, be recorded in the
proper registry of deeds, and thereafter no action shall be
brought by any person to enforce a title under said mort-
gage. Approved May 18, 1882.

After posses-
sion of estate
for twenty years
by mortgaijror,
action to
enforce title
barred, upon
entry of a decree
by the court.

186

1882. — Chapters 238, 239.

Table of
changes in gen-
eral statutes to
be annually pre.
pared.

Chap. 238 An Act to provide for the preparation of tables and

INDEXES RELATING TO THE STATUTES OF THE PRESENT TEAR
AND SUBSEQUENT YEARS.

Be. it enacted^ etc., as follows:

Section 1. The governor shall each year cause to be
prepared, by such skilled person as he may appoint, tables
showing what general statutes have been affected by sub-
sequent legislation in such manner as to furnish ready
reference to all changes in such statutes; and he shall also
cause to be prepared suitable indexes to the legislation of
the year. The compensation for the services herein pro-
vided for shall be fixed by the governor and council.

Section 2. The tables and indexes prepared as afore-
said shall be printed in such editions of the laws hereafter
published by the Commonwealth as the governor may
diiect.

Section 3. Chapter eighteen of the resolves of the year
eighteen hundred and sixty-seven, and so much of section
one of chapter four hundred and six of the acts of the year
eighteen hundred and seventy-four as relates to the supple-
ment to the general statutes, are hereby repealed.

Section 4. This act shall take effect upon its passage.

Approved May 18, 1882.

Tables and
index to be
printed with the
laws.

Repeal.

Chap. 239 An Act concerning the establishment of exceptions by the

SUPREME JUDICIAL COURT.

Be it enacted, etc., as follows:

Section 1. Section thirteen of chapter one hundred
and fifty-three of the Public Statutes shall apply to any
case in which a justice of the supreme judicial or superior
court from physical or mental disability or death has failed
to sign and return exceptions as therein provided.

Section 2. In any case in which exceptions have been
taken, but the justice has failed to sign or return the same
by reason of physical or mental disability or death, the
party taking the exceptions ma}"^ ''^PP^J to the supreme judi-
cial court at the law term holden for the county in which
the case is pending, next after knowledge of such disability
or death shall have come to the excepting party, for leave
to establish said exceptions ; and said court may entertain
such application, and hear the exceptions when established
as in cases already provided for by existing statutes and
by the rules of the supreme judicial court.
Court may SECTION 3. The supreuic judicial court may adapt its

Eetabliehrnent
of exceptions by
8. J. C.

Exceptions may
be established
if judire from
dii^ability fails
to sign and re-
turn the same.

1882. — Chapter 240.

ISt

rules for establishing^ exceptions to cases ansinsr under adapt us rules.

,• r J.1 • ^ etc.

section one or this act.

Section 4. This act shall take effect upon its passage.

Approved May 18, 1882.

Treasurer may
sell or exchange
shares in capital
stock with the
approval of the
governor and
council.

An Act to provide for the sale or exchange of the shares Chap, 240

OF THE COMMONWEALTH IN THE STOCK OF THE NEW YORK AND
NEW ENGLAND RAILROAD COMPANY.

Be it enacted, etc., as follows :

Section 1. The treasurer of the Commonwealth may
at any time, subject to the approval of the governor and
council, sell the whole of the shares in the capital stock of
the New York and New England Railroad Company held
by the Commonwealth, or may, subject to such approval,
sell from time to time any portion of said shares ; or he
may, subject to such approval, at any time assign and
transfer said shares to the New York and New England
Railroad Company in exchange for bonds secured by mort-
gage, such as are hereinafter described ; and upon such
assignment and transfer to said corporation the shares so
assigned and transferred shall be held by it and may be
disposed of as its absolute property free from any lien or
trust.

Section 2. The treasurer of the Commonwealth shall
forthwith, upon the passage of this act, and before selling
or offering to sell said shares to any other party, offer to
the New York and New England Railroad Company to
a.ssign and transfer the same to said corporation in ex-
change for bonds such as are hereinafter authorized, at
the rate of fifty dollars in bonds, at their face value, for
each share of stock; and if said corporation shall, by a
majority of votes cast at a meeting of the stockholders
duly called for the purpose, decide to purchase said shares
on said terms, and shall authorize the issue of bonds and
the making of a mortgage to secure the same as herein-
after provided, and if bonds to the required amount, duly
secured by a valid mortgage, shall be made and tendered
to the treasurer of the Commonwealth at any lime within
three months after the making of such offer, then said
shares shall thereu[)on be assigned and transferred to said
corporation, and shall thereafter be held by said corpora-
tion, and may be disposed of by it as its absolute property,
free from any lien or trust. At such meeting the stock
now owned by the Commonwealth shall not be voted
upon.

To oft'er to
transfer stock to
the company in
exchange for
bonds, before
selling.

188

1882. — Chapter 240.

Company may
)B6ue bonds, and
secure the same
by mortgage.

Bonds In the
whole not to ex-
ceed $.5,000,000.

Proceeds of
sale, etc., to be
nald into tlu-
Boston, Hart-
ford and Krii'
Kallroad loan
sinking fund.

Section 3. For the purpose of making the exchange as
above provided, the New York and New England Railroad
Company may issue coupon or registered bonds for one
thousand dollars each, in pieces of one thousand dollars, or
of such multiples thereof as the treasurer of the Common-
wealtli may lequest, payable twenty years from the date
thereof, with interest semi-annually at the rate of six per
centum per annum, to an amount sufficient to pay for said
shares, and shall secure the said bonds by a mortgage of
its road, franchise, equipment and other property which
shall be approved by the governor and council, and made
to three trustees, who shall be so approved, and of whom
two at least shall at all times be residents of the Common-
wealth. Such mortgage shall be made expressly subject
to the incumbrance of any legally authorized mortgage
already existing ; and there shall be issued to the said
trustees bonds of an amount equal to the amount of the
outstanding unsecured debts of said corporation to be
reserved in the keeping of said trustees for the security of
the holders of such debts until their discharge, or to be
turned over to such holders in discharge thereof; and if
suitable provisions to secure such reservation and disposi-
tion of such bonds shall be embraced in such mortgage, it
shall be deemed a sufficient compliance with section sixty-
four of chapter one hundred and twelve of the Public
Statutes. Such mortgage shall also contain suitable pro-
visions to secure the application of the proceeds of said
bonds for the purposes set forth in this act, and for no
other purposes. If an assignment and transfer shall be
made to said corporation under the provisions of the pre-
ceding section, settlement for the shares so assigned and
transferred shall be made as of the first day of August in
the year eighteen hundred and eighty-two, and the bonds
issued therefor shall bear that date.

Section 4. After the sale or assignment of said shares
as herein before provided, said corporation may from time
to time, for the purpose of procuring equipment, increas-
ing its terminal facilities, laving a second track and pro-
viding for its outstanding unsecured liabilities, issue like
bonds, secured by such mortgage, to an amount which,
together with those issued by authority of the preceding
section, shall not exceed five million dollars.

Section 5. Upon the sale or exchange of such shares
the procee<ls arising therefrom shall be paid into the Bos-
ton, Hartford and Erie Railroad loan sinking fund, estab-
lished under the provisions of section ft)ur of chapter four

1882. — Chapters 241, 242.

189

hundred and fifty of the acts of the year eighteen hundred
and sixty-nine ; and when said fund, with its accumula-
tions, amounts to a sum sufficient to pay the bonds issued
under the provisions of said chapter and of chapter two
hundred and eighty-four of the acts of the year eighteen
hundred and sixty-seven, the surplus and income thereof
shall from time to time thereafter be paid into the Troy
and Greenfield Railroad loan sinking fund, established
under the provisions of chapter two hundred and twenty-
six of the acts of the year eighteen hundred and fifty-four
and of chapter one hundred and seventeen of the acts of
the year eighteen hundred and fifty-nine.

Section 6. This act shall take effect upon its passage.

Approved May 19, 1882.

An Act in relation to transfers and sentences of prisoners. Chap. 241
Be it enacted, etc., as follows:

Section 1. Whoever is convicted of an offence pun-
ishable by imprisonment in a house of correction may be
sentenced to suffer such imprisonment in a jail, instead of
a house of correction.

Section 2. Any prisoner confined in a jail upon a sen-
tence of imprisonment may be removed to a house of cor-
rection, and any prisoner confined in a house of correction
upon a sentence of imprisonment may be removed to a jail,
in the manner now provided by law for the removal of
prisoners from one house of correction to another, and a
prisoner so removed shall serve in the jail or house of
correction to which he shall be removed, the remainder of
his term of sentence.

Section 3. This act shall take effect upon its passage.

Approved May 19, 1882.

An Act to fix the hours of closing premises occupied by Chap. 242

COMMON victuallers.

Be it enacted, etc., as follows :

Section 1. Every common victualler holding a license Tokeppprem-
under the provisions of chapter one hundred of the Public Iween'hourstf
Statutes, shall keep the premises described in such license twelve at night
closed between the hours oi twelve at night and five in morning,
the morning.

Section 2. Whoever violates the provisions of this Penalty,
act shall be liable to the penalties provided in section
eighteen of chapter one hundred of the Public Statutes.

Ajpproved May 19, 1882.

Convict punish-
able in house of
correction may
be sentenced to
jail.

Prisoners in
jail and house
of correction
may be removed
from each to the
other.

190

1882. — Chapter 243.

Chap. 243 An Act concerning the redemption of estates sold for

TAXES AND OTHER ASSESSMENTS.

Holder of title,
if a resident, to
file with treas-
urer, etc., a
statement show-
ing his residence
and place of
business.

Non-resident
holders to have
a resident agent
or attorney
authorized to
execute a
release.

Service of pro-
cess upon agent
deemed to be
sufficient ser-
vice upon
holder.

Liability of
city, town, etc.

Be it enacted, etc., as follows:

Section 1. Every person acquiring or holding title to
real estate under a sale for the non-payment of any tax
or other assessment, who is a resident of the city or town
wherein such real estate is situated, shall file with the
treasurer of the city or town, and with the register of
deeds of the county wherein such real estate is situated, a
brief statement showing his place of residence and of busi-
ness, specifying in each case, if practicable, the street and
the number in the street. Every person acquiring or hold-
ing title to real estate as above who is not a resident of
the city or town wherein such real estate is situated, or
who removes from such city or town, shall appoint and
have some suitable agent or attorney residing therein or
in the city or town wherein the deed of such real estate is
recorded, duly authorized to release such real estate in
accordance with the provisions of law providing for such
cases, and shall file with the treasurer of such city or town
and with such register of deeds such original and addi-
tional statements containing the name of any such agent
or attorney and his place of residence and of business, as is
herein required in the case of resident purchasers or hold-
ers; and whenever such person changes his place of resi-
dence or business, or his attorney, a new certificate as
above shall be filed.

Section 2. Any lawful tender of payment to and ser-
vice of process upon such agent or attorney shall be deemed
sufficient tender to or service upon the purchaser or holder
of such real estate ; and if upon reasonable search such
purchaser, holder, agent or attorney cannot be found at
the place described as herein before provided, or being
found neglects or refuses to release such estate upon the
terms and in the manner provided by law, or if such holder
or purchaser neglects to file a certificate as required by
the preceding section, such real estate may be redeemed
in the manner provided in sections fifty and fifty-one of
chapter twelve of the Public Statutes.

Section 3. Mo city or town and no collector or treas-
urer of a city or town shall, under tlie provisions of sec-
tion thirty-nine of chapter twelve of the Public Statutes,
pay or be liable for the amount due upon any deed therein
referred to or for any part thereof unless the offer of the
holder of such deed contains a specific statement of the

1882. — Chapter 244.

191

Relief societies
may be formed
by employes of
railroad and
steamboat cor-
porations.

reason why such holder has no claim on the estate sold,
with the evidence on which he relies ; and if such evi-
dence is based upon any public record or upon facts shown
in any such record, the statement above required shall con-
tain a specific reference to the particular instrument relied
upon. All existing deeds may under the provisions of this
section be offered for surrender and discharge, assignment
or transfer, for one year from the passage of this act but
not afterwards. Approved May 19, 1882.

Ax Act to authorize the formation of relief societies by Chap. 244

THE EMPLOYES OF RAILROAD AND STEAMBOAT CORPORATIONS.

Be it enacted, etc^ as follows :

Section 1. Seven or more persons within this Com-
monwealth, employes of any railroad or steamboat corpo-
ration existing under the laws of this Commonwealth, who
associate themselves together by such an agreement in
writing as is described in section three of chapter one hun-
dred and fifteen of the Public Statutes, with the intention
of forming a corporation for the purpose of receiving,
managing and applying such property and funds as it may
receive by contribution, assessment or otherwise, for the
improvement and benefit of its members and for tlie relief
of its members and their families in case of sickness, injury,
inability to labor or other cases of need, and upon comply-
ing with the provisions of section four of said chapter
shall be and remain a corporation with all the rights,
powers, privileges and immunities, and subject to all the
duties, liabilities and restrictions of corporations organized
under said chapter.

Section 2. The by-laws of any such corporation shall
be approved by the board of railroad commissioners and
shall prescribe the manner in which and the officers and
agents by whom the purpose of its incorporation may be
carried out, and also the manner in which its property
may be invested. Such corporation shall make to the
board of railroad commissioners annually and as often as
required by said board such statements of its membership
and financial transactions with other information relating
thereto as the said board may deem necessary to a proper
exhibit of its business and standing.

Section 3. The board of railroad commissioners may
verify such statement by an examination of the books and
papers of the corporation ; and whoever having charge or
custody of such books and papers neglects to comply with
the provisions of this section and the preceding section

By-laws to be
approved by
the railroad
commissioners.

Books and
papers may be
examined by the
commissioners.

192 1882. — Chapter 245.

shall be punished by a fine not exceeding five hundred
dollars.

Section 4. This act shall take effect upon its passage.

Approved May 19, 1882.
Chap. 245 An Act relating to the salaries of certain justices and

COURT officers.

Be it enacted^ etc., as follows:

Salaries of cer- SECTION 1. Scctiou sixtv-foui of chaptcT onc hundred
couri^officers'!"'^ and fifty-fouT of the Public Statutes is amended so that the
salaries of the justices, clerks, assistant clerk and consta-
bles hereinafter named shall be respectively as follows :
Of the police court of Fitchburg, the salary of the justice
shall be twelve hundred dollars a year, and of the clerk
seven hundred dollars a year ; of the police court of Haver-
hill, the salary of the justice shall be eighteen hundred
dollars a year, and of the clerk eight hundred dollars a
year; of the police court of Newburyport, the salary of
the justice shall be twelve hundred dollars a year, and of
the clerk seven hundred dollars a year ; of the police court
of Somerville, the salary of the justice shall be fourteen
hundred dollars a year, and the salary of the clerk shall be
eight hundred dollars a year ; of the district court of Cen-
tral Berkshire, the salary of the clerk shall be eight hun-
dred dollars a year ; of the first district court of Essex, the
salary of the justice shall be eighteen hundred dollars a
year, and of the clerk thirteen hundred dollars a year ; of
the first district court of Eastern Middlesex, the salary of
the justice shall be fifteen hundred dollars a year; of the
central district court of Worcester, the salary of the assist-
ant clerk shall be one thousand dollars a year ; of the sec-
ond district court of Eastern Worcester, the salary of the
justice shall be one thousand dollars a year, and of the
clerk five hundred dollars a year ; of the third district
court of Southern Worcester, the salary of the justice
shall be sixteen hundred dollars a year; of the municipal
court of the city of Boston, the salary of the clerk of the
court for civil business shall be three thousand dollars a
year, the salaries of the two constables in the civil sessions
shall be eleven hundred dollars each a year, and of the six
constables in the criminal sessions thirteen hundred dollars
each a year ; of the municipal court of the East Boston
district, the salary of the justice shall be fifteen huudred
dollars, and that of the clerk shall be eleven hundred dol-
lars a year, and of the constable eleven hundred dollars a

1882. — Chapters 246, 247.

193

Salaries of offi-
cers in attend-
ance upon supe-
rior court in
Suflblk.

year; of the municipal court of the South Boston district,
the salary of the justice shall be two thousand dollars a
year, of the clerk fourteen hundred dollars a year, and the
salaries of the constables shall be eleven hundred dollars
each a year ; of the municipal court of the Roxbury dis-
trict, the salaries of the constables shall be eleven hundred
dollars each a year.

Section 2. Section fifteen of chapter seventeen of the salaries of first
Public Statutes is amended so that the salaries of the first asBistan't'di.strici
and second assistant district-attorneys for the Suffolk dis- luXmy* ^"'
trict shall be twenty-five hundred dollars each a year.

Section 3. Section sixty-nine of chapter one hundred
and fifty-nine of the Public Statutes is amended so that
the officers in attendance upon the sessions of the superior
court for civil and criminal business in the county of Suf-
folk shall each receive an annual salary of fifteen hundred
dollars in full for all services performed by them.

Section 4. This act shall take effect upon its passage.

Approved May 19, 1882.

An Act in relation to law library associations. Chap- 246

Be it enacted, etc., as foUoius:

Section 1. Section six of chapter forty of the Public Annual pay-
Statutes, providing for annual payments to the law library "ealur/rs'^to"^^
associations of the several counties, is amended by striking aTsociaUons.
out in the fourth line thereof the words " fifteen hundred
dollars," and inserting in place thereof the words " two
thousand dollars." This act shall apply to all sums paid
into the county treasuries by the clerks of the courts on
and after the first day of January in the year eighteen
hundred and eighty-two.

Section 2. This act shall take effect upon its passage.

Approved May 19, 1882.

An Act relating to the correction of names upon tax Chap. 247

BILLS, AND TO THE REGISTRATION OP VOTERS IN CITIES.

Be it enacted, etc., as folloios:

Section 1. In the several cities of this Commonwealth,
except the city of Boston, all errors in names upon tax
bills of persons assessed shall be corrected by the board of
assessors or the board acting as registrars of voters on said
tax bills, and also on forms of certificates specially pre-
pared for the purpose ; and every tax bill so changed, to-
gether with the certificate, shall be stamped with an official
stamp of the board making such change before the person

Correction of
errors in names
upon tax bills.

194

1882. — Chapter 248.

Not to apply to
tlie city of
Boston.

whose tax bill is so changed shall be allowed to register as
a voter. All certificates of names so changed shall be
sent to the collector of taxes, who shall, as soon as may be
after the first day of January in each year, make corre-
sponding changes or corrections on the list of assessed
polls committed to him by the board of assessors. The
collector shall also transmit said certificates to the board
of assessors, who shall, before the first day of March in
each year, make corresponding changes or corrections on
the proper books in their department : provided, however^
that nothing herein shall be construed as repealing or in
any way modifying the laws relative to the correction of
assessed names and registration in the city of Boston.
Section 2. This act shall take effect upon its passage.

Approved May 23, 1882.

Corporators.

Chap. 248 An Act to incorporate the longfellow memorial associa-
tion.

Be it enacted, etc., as follows:

Section" 1. James Russell Lowell, Oliver Wendell
Holmes, John G. Whittier, Charles W. Eliot, William D.
Howells, Charles E. Norton, Charles Deane, John C. Dodge,
(^/harles F. Choate, Charles Theodore Russell, Morrill
Wyman, Thomas W. Higginson, James A. Fox, Arthur
Oilman, Asa Gray, Alexander Mackenzie, James B.
Thayer, Israel M. Spelman, Chauncy Smith, Henry Van
Brunt, Francis J. Child, John Bartlett, their associates
and successors, are incorporated by the name of the Long-
fellow Memorial Association, for the purpose of providing
suitable memorials to the late Henry W. Longfellow and
of arranging for their care and preservation, with the
powers and privileges and subject to the duties set forth
in all general laws which now are or hereafter may be in
force relating to like corporations.

Section 2. The said corporation may take and hold
by gift, grant or devise such real estate and personal
property as may be necessary or convenient to promote
the objects of the corporation.

Section 3. The property to be held by said corpora-
tion shall be exempt from taxation in the same manner
and to the same extent as the property of literary, benevo-
lent, charitable and scientific institutions incorporated
within this Commonwealth is now exempt by law.

Section 4. This act shall take effect upon its passage.

Approved May 23, ISS2.

Name and pur-
poHe.

Powers and
dutiut).

May hold real
ami pergonal
CHtate.

Property to be
exempt from
taxation.

1882. — Chapters 249, 250, 251. 195

An Act relative to the staying or superseding of execu- Chap. 249

TIONS BY WRITS OF REVIEW.

Be it enacted, etc., as folloios:

Section 1. Section thirty-nine of chapter one hun- stayofexecu-
dred and eighty-seven of the Public Statutes, relative to security, when
the staying or superseding of executions by writs of re- nr/knowiedge
view, is amended by inserting after the word "entered " of action before

11 iTi f 1 pn • 1 "T"! judgment was

m the eleventh line thereoi, the following words : " ihe entered,
court or justice may also order a stay or supersedeas with-
out security when the defendant has had no actual knowl-
edge, before judgment was entered, of the pendency of
the action against him."

Section 2. This act shall take effect upon its passage.

Approved May 23, 1882.

An Act relating to the inspection and sale of certain Chap. 250

OILS.

Be it enacted, etc., as follows:

Section seven of chapter fifty-nine of the Public Stat- Kerosene, etc.,
utes is amended so that the same shall read as follows : "etuiruniees
"No person shall sell or keep for sale at retail, for illumi- in^^pected.
nating purposes, any kerosene, refined petroleum, or any
product of petroleum, unless the same has been inspected
and approved by an inspector duly authorized by some
city or town in this Commonwealth ; but the city council of inspection may

•, 1 , ii_iTl,l be regulated by

any city and any town may adopt such ordinances, by-laws cities and towns.
and regulations in relation to the inspection thereof, with-
in the corporate limits of such city or town, as they may
deem reasonable, not inconsistent with the provisions of
chapter one hundred and two of the Public Statutes. Any
person violating the provisions of this section shall be
subject to fine and imprisonment in the manner provided
in the preceding section." Approved May 25, 1882.

An Act relating to co-operative saving fund and loan Chap. 25 1
associations.

Be it enacted, etc., as follows:

Section 1. Chapter one hundred and seventeen of the cooperative
Public Statutes is amended as follows: — By striking out ^oa'n"Slocii^"'^
section eight and inserting in place thereof the follow- ^'o^s-
ing words: "Shares may be withdrawn after one month's
notice of such intention written in a book held and pro-
vided by the corporation for the purpose. Upon such
withdrawal, the shareholder's account shall be settled as
follows: from the amount then standing to the credit of

196 1882. — Chapter 252.

the shares to be withdrawn there shall be deducted all
fines, a proportionate part of any unadjusted loss, together
Avith such proportion of the profits previously credited to
the shares as the by-laws may provide, and such shareholder
ProviBOB. shall be paid the balance : provided, that at no time shall

more than one-half of the funds in the treasury be appli-
cable to the demands of withdrawing members, without
the consent of the directors. The directors may at their
discretion, under rules made by them, retire the unpledged
shares of any series, at any time after four years from the
date of their issue, by enforcing the withdrawal of the
same : provided, that the shareliolders whose shares are to
be retired shall be determined b}^ lot, and that they shall
be paid the full value of their shares, less all fines and a
proportionate part of any unadjusted loss : " By adding to
section nine the following words: "And that before paying
matured shares all arrears and fines shall be deducted:"
By striking out section sixteen and inserting in place
thereof the following words: "If a borrowing member is
in arrears for dues, interest, premium or fines for more than
six months, the directors may, at their discretion, declare
the shares forfeited after one month's notice, if the arrears
continue unpaid. The account of such borrowing member
shall then be debited with the arrears of interest and fines
to date of forfeiture, and the shares shall be credited uj^on
the loan at their withdrawing value. The balance of the
account may and after six months shall be enforced against
the security, and be recovered as secured debts are recov-
ered at law."
Interest may be SECTION 2. Auy corporatlon organized under said chap-
inni'laa iTpi*e- ^^r ouc huudrcd and seventeen may provide in its by-laws
miuniB. that the bid for loans at its stated monthly meetings shall,

instead of a premium, be a rate of annual interest upon
the sum desired payable in monthly instalments. Such
bids shall include the whole interest to be paid, and may
be at any rate not less than five per centum per annum.
Section 3. This act shall take effect upon its passage.

Approved May 25, 1SS2.
Chap. 252 -A-N Act relating to the constudction, use and inspection

OF BUILDINGS IN TUK CITY OF UOSTON.

Be it enacted, etc., as follows :

Huiidintt, etc.. SECTION 1. The City of Bostoii may by oidiuaucc rcgu-

Mmy'i>e'n-|fu'- latc the building, management and inspection of elevators,
laiediM i!o.ioM. iiojgtways uiul elevator shafts in said city.

1882. — Chapter 252.

197

Section 2. The said city may by ordinance require
the registration of all persons carrying on the business of
plumbing in said city, and prescribe rules and regulations
for the materials, construction, alteration and inspection
of all pipes, tanks, faucets, valves and other fixtures by
and through which water and sewage is used and carried,
and provide that no such pipes, tanks, faucets, valves or
other fixtures shall be placed in any building in said city
except in accordance with plans which shall be approved
by the inspector of buildings of said city.

Section 3. No person shall erect, place, construct or
cause to be erected, placed or constructed, or begin to
erect, place or construct any window or other projection
into or over any public highway, street, bridge or square
in said city, except that the board of aldermen, after due
notice and hearing before said board or a committee there-
of, may permit the building of a window or other projec-
tion as aforesaid in such manner as shall be approved by
the inspector of buildings : provided., that such window or
other projection shall not affect the vested right of any
person.

Section 4. In the erection of any building in said city
within the building limits, so called, established by the
city council, if the material of which the external wall is
composed is other than brick or stone, the thickness and
method of construction shall be such as the inspector of
buildings shall determine.

Section 5. The facts and returns relative to steam
boilers required to be ascertained and made to the tax
commissioner by section ninety-two of chapter eleven of
the Public Statutes shall be ascertained and made in the
city of Boston by the inspector of buildings and not by
the assessors.

Section 6. The said city may impose penalties not
exceeding fifty dollars for each offence for any violation of
the provisions contained in sections one and two of this
act.

Section 7. Any person who shall violate the provisions
of section three of this act shall upon the application of
the inspector of buildings of said city be liable to the pro-
cesses of law and equity set forth in section twenty-three
of chapter three hundred and seventy-one of the acts of
the year eighteen hundred and seventy-two.

Section 8. Chapter one hundred and seventeen of the
acts of the year eigteen hundred and eighty-one is repealed.

Section 9. This act shall take effect upon its passage.

Approved May 25, 1882.

Registration of
plumbers.

Windows, etc.,
not to be built
into or over
streets, except
by permission
of board of
aldermen.

Thickness of
external walls
other than of
brick or stone.

Returns relative
to steam boilers
to be made by
inspector of
buildings.

Penalties.

Liability for
violation of pro-
visions of sec-
tion three.

Repeal.

198

1882. — Chafter 253.

Chaj). 25 '3 Ax Act to divide the commonwealth into districts for the

CHOICE OF REPRESENTATIVES IN THE CONGRESS UF THE UNITED
STATES.

Twelve districts
for rlioice of
represi'ntatives
in cougresB.

District No.
One.

District No.
Two.

District No.
Three.

District No.
Four.

District No.
Five.

Be it enacted.) etc., as follows:

Section 1. For the purpose of electing representatives '
in the forty-eighth congress of the United States, and in
each subsequent congress until otherwise provided by law,
the Commonwealth shall be divided into twelve districts,
each of which shall elect one representative.

Section 2. The said twelve districts shall be as fol-
lows, to wit: — Number One. The several towns in the
counties of Barnstable, Dukes and Nantucket, and the
towns of Acushnet, Dartmouth, Dighton, Fairhaven, Free-
town, Rehoboth, Seekonk, Somerset, Swanzey and West-
port, and the cities of Fall River and New Bedford, in the
county of Bristol, and the towns of Lakeville, Marion,
Mattapoisett, Middleborough, Rochester and Wareham, in
the county of Plymouth, shall form one district, to be
called district number one. Number Two. The towns of
Attleborough, Berkley, Easton, Mansfield, Norton and
Raynham, and the city of Taunton, in the county of Bris-
tol, the towns of Braintree, Canton, Cohasset, Holbrook,
Quincy, Randolph, Sharon, Stoughton and Weymouth, in
the county of Norfolk, and the city of Brockton, and the
towns of Abington, Bridgewater, Carver, Duxbury, East
Bridgewater, Halifax, Hanover, Hanson, Hingham, Hull,
Kingston, Marshfield, Pembroke, Plymouth, Plympton,
Rockland, Scituate, South Abington, South Scituate and
West Bridgewater, in the county of Plymouth, shall form
one district, to be called district number two. JVumhir
Three. The wards numbered eleven, seventeen, eighteen,
nineteen, twenty, twenty-one, twenty-two, twenty-three,
twenty-four, and precincts three and four of ward lifteen,
in the city of Boston, in the county of Suffolk, and the
town of Milton, in the county of Norfolk, shall form one
district, to be called district number three. Number Four.
The wards numbered one, two, six, seven, twelve, thir-
teen, fourteen and sixteen, and precincts two, three and
four of ward eight, and precincts one and two of Avard
fifteen, in the city of Boston, in the county of Suffolk,
shall form one district, to be called district number four.
Number Five. The wards nund)cred nine, ten and twenty-
five, and })recinct one of ward eight, in the city of Boston,
in the county of Suffolk, and the cities of Sonierville and
Cambridge, and the towns vi' Waicrtown, Hclmont, Wal-

1882. — Chapter 253. 199

tham, Arlington, Lexington, Burlington and Woburn, in
the county of Middlesex, shall form one district, to be
called district number five. Number Six. The wards D^uictNo.
numbered three, four and five, in the city of Boston,
and the city of Chelsea, and the towns of Revere and
Winthrop, in the county of Suffolk, the city of Maiden,
and the towns of Everett, Med ford, Winchester, Stone-
ham, Melrose, Wakefield and Reading, in the county of
Middlesex, and the towns of Nahant, Saugus and Swamp-
scott, and the city of Lynn, in the county of Essex, shall
form one district, to be called district number six. Num- District No.
her Seven. The cities of Gloucester, Haverhill, Newbury-
port and Salem, and the towns of Amesbury, Beverly,
Boxford, Bradford, Danvers, Essex, Georgetown, Grove-
land, Hamilton, Ipswich, Lynnfield, Manchester, Marble-
head, Merrimac, Middleton, Newbury, Peabody, Rockport,
Rowley, Salisbury, Topsfield, Wenham and West New-
bury, in the county of Essex, shall form one district, to
be called district number seven. Number Eight. The Distinct No.
city of Lawrence, and the towns of Methuen, North '^ ''
Andover and Andover, in the county of Essex, the city of
Lowell, and the towns of Acton, Ashby, Ayer, Bedford,
Billerica, Boxborough, Carlisle, Chelmsford, Concord,
Dracut, Dunstable, Groton, Littleton, North Reading,
Pepperell, Shirley, Stow, Tewksbury, Townsend, Tyngs-
borough, Westford and Wilmington, in the county of
Middlesex, and the towns of Bolton, Harvard, Lancaster
and Lunenburg, in the county of Worcester, shall form
one district, to be called district number eight. Number District No.
Nine. The towns of Blackstone, Mendon, Milford, West- ^"'•'•
borough, Southborough, Northborough, Berlin and Clinton,
in the county of Worcester, and the towns of Brookline,
Dedham, Dover, Franklin, Medfield, Medway, Needham,
Norwood, Welles] ey, Walpole, Norfolk, Foxborough,
Wrentham, Bellingham and Hyde Park, in the county of
Norfolk, and the towns of Ashland, PVamingham, Hollis-
ton, Hopkinton, Natick, Sherborn, Wayland, Weston,
Hudson, Marlborough, Sudbury, Maynard and Lincoln,
and the city of Newton, in the county of Middlesex, shall
form one district, to be called district number nine. Num- District No.
her Ten. The towns of Auburn, Barre, Boylston, Brook- ^''''•
field, Charlton, Douglas, Dudley, Grafton, Hardvvick,
Holden, Leicester, Millbury, New Braintree, Northbridge,
North Brookfield, Oakham, Oxford, Paxton, Princeton,
Rutland, Shrewsbury, Southbridge, Spencer, Sterling,
Sturbridge, Sutton, Upton, Uxbridge, Warren, Webster,

200

1882. — Chapters 254, 255.

District No.
Eleven.

District No.
Twelve.

West Boylston, West Brookfield, and the city of Worces-
ter, ill the county of Worcester, and the towns of Brim-
field, Holland and Wales, in the county of Hampden,
shall form one district, to be called district number ten.
Numler Eleven All the towns in the county of Frank-
lin, all the towns in the county of Hampshire, the city of
Holyoke, in the county of Hampden, the towns of Ash-
burnham, Athol, Dana, Gardner, Hubbardston, Leomin-
ster, Petersham, Phillipston, Royalston, Templeton, West-
minster, Winchendon, and the city of Fitchburg, in the
county of Worcester, shall form one district, to be called
district number eleven. Number Twelve. All the towns
in the county of Berkshire, the towns of Agawam, Bland-
ford, Chester, Chicopee, Granville, Hampden, Long-
meadow, Ludlow, Monson, Montgomery, Palmer, Russell,
Southwick, Tolland, Westfield, West Springfield, Wilbra-
ham, and the city of Springfield, in the county of Hamp-
den, shall form one "district, to be called district number
twelve.
Repeal. Section 3. All acts inconsistent herewith are repealed.

This act shall take effect upon its passage.

Approved May 25^ 1882.

Chap. 254 An Act to confirm the proceedings of the town meeting

OF THE TOWN OF HUPKINTON.

Be it enacted, etc., as follows:

Section 1. The proceedings of the town meeting of
the town of Hopkinton, held on the twenty-fourth day of
April in the year eighteen hundred and eighty-two, shall
not be invalid by reason of failure to notif}- and hold said
meeting in accordance with the by-laws of said town.

Section 2. This act shall take effect upon its passage.

Airproved May 25, 1882.

Chop. 255 An Act authorizino towns and cities to provide for the

PRESERVATION AND REPRODUCTION OF FORESTS.

Be it enacted, etc., asfolloivs:

Section 1. The voters of any town, at a meeting
legally called for the purpose, and tlie cit}' council of any
city, may, for the purpose of devoting a portion of the
territory of such town or city to the preservation, repro-
duction and culture of forest trees for the sake of the
wood and timber tliereon, or for the preservation of the
water supply of such town or city, take or purchase any
hind within the liinils oi' such town ov city, may make

Proceedings of
town meeting
contirmed.

Preservation
and ciillurc of
forenl trees
by cities iind

lOWIIB.

1882. — Chapter 255.

201

appropriations of money for such taking or purchase, may
receive donations of money or land for the said purposes,
and may make a public domain of the land so devoted,
subject to the regulations hereinafter prescribed. The
title of all lands so taken, purchased or received shall vest
in the Commonwealth, and shall be held in perpetuity for
the benefit of the town or city in which such land is
situated.

Section 2. A town or city taking land under this act
shall, within sixty days after such taking, file and cause to
be recorded in the registry of deeds for the county or dis-
trict in which the land is situated a description thereof
sufficiently accurate for identifying the same. In case
such town or city and the owner of such land do not agree
upon the damage occasioned by such taking, such damage
shall be ascertained and determined in the manner pro-
vided in case of the taking of land for a highway in such
town or city, and such town or city shall thereupon pay
such sums as may finally be determined to be due.

Section 3. The state board of agriculture shall act as
a board of forestr}^, without pay, except for necessary
travelling expenses, and shall have the supervision and
management of all such public domains, and shall make
all necessary regulations for their care and use and for the
increase and preservation of the timber, wood and under-
growth theieon, and for the planting and cultivating of
trees therein. The said board shall appoint one or more
persons, to be called keepers, to have charge, subject to
its direction, of each such public domain, enforce its regu-
lations and perform such labor thereon as said board shall
require ; and said keepers shall have the same power to
protect such domain from injury and trespass, and to keep
the peace therein as constables and police officers in towns.

Section 4. Said board may lease any building that may
be on any such public domain on such terms as it shall
deem expedient. All sums which may be derived from
rents and from the sale of the products of any such do-
main shall be paid to said board and shall be applied by
it, so far as necessary, to the management, care, cultivation
and improvement of such domain ; and any surplus re-
maining in any year shall be paid over to the city or town
in which such domain is situated. Said board shall not,
however, expend upon or on account of any such public
domain in any year a greater amount than it receives as
aforesaid.

Section 5. A city or town in which any such public

Pescription of
till' land taken
to l)e recorded
in the registry
of deeds.

Board of for-
estry to serve
without pay;
to appoint
keepers.

May lease build-
ings on land.

Proceeds of
sale of products
to be paid to
board.

Buildings for

202

1882. — Chapter 256.

instruction and
recreation may
be built.

No land to be
tiiken, etc., until
appioijrialion
is made.

Bonds may be
issued for ex-
penses incurred.

domain is situated may erect thereon any building for pub-
lic instruction or recreation, provided that such use thereof
is not in the judgment of said board inconsistent with the
purposes expressed in section one.

Section 6. No land shall be taken or purchased, no
building shall be erected on any such domain, and no ex-
penditures shall be authorized or made, or liability be in-
curred under this act by any city or town until an appro-
priation sufficient to cover the estimated expense thereof
shall in a town have been made by a vote of two-thirds of
the legal voters of such town present and voting in a legal
town meeting called for the purpose, or in a city by a vote
of two-thirds of each branch of the city council of such
city ; such expenditures shall in no case exceed the appro-
priations made therefor, and all contracts made for expen-
ditures beyond the amount of such appropriations shall be
void ; and all expenditures under this act shall be subject
to the laws of this Commonwealth limiting municipal in-
debtedness.

Section 7. For the purpose of defraying the expenses
incurred under the provisions of this act, any town or the
city council of any city may issue from time to time, and
to an amount not exceeding the sum actually expended
for the taking or purchase of lands for such public domain,
bonds or certificates of debt, to be denominated on the
face thereof the "Public Domain Loan," and to bear in-
terest at such rates and to be payable at such times as
such town or city council may determine ; and for the re-
demption of such loan such town or city council shall
establish a sinking fund, sufficient, with the accumulating
interest, to provide for the payment of such loan at ma-
turity. All amounts received on account of such public
domain shall be paid into such sinking fund until such
fund shall amount to a sum sufficient, with its accumula-
tions, to i)ay at maturity the bonds for the security of
which the fund was established.

Section 8. This act shall take effect upon its passage.

^Approved May 25, 1SS2.
Chap. 206 An Act for the prfskrvation of boston harbor and of the

PUBLIC JIEALTII IN THE CITY OF BOSTON.

Be it enacted, etc., asfolloios:

s.wayi not to Section 1. No part of the contents of the main sewer

maVn.ii'raH- uow OT hercaftcr to be construt-ted running souih-eastcrly
eheHie'r HBy. fioui tlic dircctioH of Chai'lcs River in the city of Hoslon

Sinking fund.

1882. — Chapters 257, 258. 208

shall be discharged at or near the shore of the Calf Pas-
ture, so called, in Dorchester Bay, or at any place in Bos-
ton Harbor or vicinity except at Moon Island. The
supreme judicial court or any justice thereof upon the
petition of not less than ten taxable inhabitants of the city
of Boston may restrain by injunction or otherwise any
violation of the provisions of this act.

Section 2. This act shall take effect upon its passage.

Approved May 26, 1882.

An Act to fix the compensation of the assistant clerks, Chap. 251

DOORKEEPERS, ASSISTANT DOORKEEPERS, POSTMASTER, MESSEN-
GERS AND PAGES OF THE SENATE AND HOUSE OF REPRESEN-
TATIVES.

Be it enacted, etc., as follows:

Section 1. The assistant clerks of the senate and salaries of

1 n ,j'in • 11 c assistant clerks

house ot representatives shall receive an annual salary oi of senate and
twelve hundred dollars each from and after the first day ^'^"'*'''-
of January in the year eighteen hundred and eighty-two.

Section 2. The compensation of the messengers of compensation
the senate and house of representatives shall be five °^^™''«'"'"s^''*'
dollars for each day's service, excluding Sundays ; and the
doorkeepers, assistant doorkeepei's and postmaster shall
receive the same compensation as the messengers, and one
hundred dollars each in addition for the regular annual
session of the legislature.

Section 8. The compensation of the pages of the compensation
senate and house of representatives shall be three dollars " ^^'*^"*'
for each day's service, excluding Sundays.

Section 4. Section twenty-seven of chapter two of Doorkeepers,
the Public Statutes, fixing the number of doorkeepers, etcrnoc'to*''x-
assistant doorkeepers, messengers and pages of the senate l'n'ifumb''er."*'"'*'
and house of representatives is hereby amended by strik-
ing out the word "twenty-five," and inserting in the place
thereof the word " thirty-two."

Section 5. This act shall apply to the current annual
session, and shall take effect upon its passage.

Approved May 26, 1882.

An Act relating to the fej:s for licenses of keepers of Chap. 258

INTELLIGENCE OFFICES, DEALERS IN VARIOUS ARTICLES, AND
KEEPERS OF BILLIARD, POOL, AND SIPPIO ROOMS AND BOWLING-
ALLEYS.

Be it enacted, etc., as follows :

Section 1. Section one hundred and twenty-four of Fees for licenses
chapter one hundred and two of the Public Statutes relat-

in cities and
towns.

204

1882. — Chapters 259, 260.

Fees in the city
of Boston.

ing to licenses granted to keepers of intelligence offices,
dealers in junk, old metals, and second-hand articles, pawn-
brokers, and keepers of billiard saloons, pool or sippio tables
or rooms, and bowling-alleys, is amended by striking out
the last sentence of said section, beginning witli the words
" The clerk," and substituting therefor the following words:
" The board issuing such a license shall receive for the use
of the city or town for each license such sum not less than
two dollars, and in the city of Boston for a pawnbroker's
license such sum not less than ten dollars, as the board
shall deem reasonable."

Section 2. This act shall take effect upon its passage.

Approved May 26, 1882.

Chap. 259 An Act relative to obstructing the view of premises li-
censed FOR THE SALE OF INTOXICATING LIQUORS, AND THE
STATEMENTS OF SURETIES ON BONDS.

Be it enacted, etc., as follows:

Section 1. Section twelve of chapter one hundred of
the Public Statutes is amended by adding at the end there-
of the following words : " or with a view of the interior of
said premises; and the placing or maintaining of any of
said obstructions shall of itself make the license void."

Section 2. Section thirteen of said chapter is hereby
amended by adding after the word "evidence," in the thir-
teenth line, the following words : " No bond given under
the provisions of said chapter shall be accepted or approved
until each surety has made and subscribed a sworn state-
ment that he is worth not less than two thousand dollars
over and above all liabilities and indebtedness, and the
statement so made shall designate suflicient property, real
or personal, to cover the requirement of the bond, and shall
be kept on file with the bond in connection with which said
statement is made."

Section 3. This act shall take effect upon its passage.

Approved May 26, 1882.

Chap. 260 An Act to prevent the counting of detached ** stickers,"

so called, as ballots.

Be it enacted, etc., as follows:

Whenever at any election in this Commonwt>altli the
inspectors of election or other officers, appointed by law
to receive, count and make return of votes, shall iind among
tlie ballots cast at such election any separate strip or piece
of paper luiving a surface of less than six stiuare inches,

License void,
if view of
premises is
obstrucled.

Statements of
sureties on
bonds.

" Stlclters," 80
called, Mul to
be counted as
bullolH.

1882. — Chapters 261,262.

205

Proceedings at
town meeting
continued.

and bearing upon one side the printed name or names of
a candidate or candidates for office, and bearing upon the
other side any adhesive substance, or other indication that
such strip or piece of paper was designed to be superim-
posed upon a ballot as a " sticker," so called, such separate
strip or piece of paper shall not be counted as a ballot;
but all such strips or pieces of paper shall be placed in a
separate sealed envelope and preserved in the manner by
lavs^ provided for the preservation of ballots.

A^^proved May 26, 1S82.

An Act to confirm the proceedings of the annual town Chap. 261

MEETING OF THE TOWN OF TYRINGHAM.

Be it enacted, etc. , as follows :

Section 1. The proceedings of the annual town meet-
ing of the town of Tyringham, held on the first Monday
in April in the year eighteen hundred and eighty-two, shall
not be invalid for the reason that the check list was not
used at said meeting in the election of moderator and town
officers, and said election of town officers is ratified and
confirmed.

Section 2. This act shall take effect upon its passage.

Approved May 26, 1882.

An Act to provide accommodations for the various depart-
ments OF THE commonwealth.

Be it enacted, etc., as follows:

Section 1. In order to provide accommodations for
the various departments of the Commonwealth, the gov-
ernor with the advice and consent of the council may pur-
chase or take in fee simple, in behalf of the Commonwealth,
the estate in the city of Boston bounded by Mount Vernon
and Bowdoin Streets and Beacon Hill Place, known as the
Way estate, or such other estate or estates as the governor
and council may deem best.

Section 2. If any estate is taken under the provisions
of this act, the damages sustained by any persons in their
property by reason of such taking shall be estimated by
the governor with the advice and consent of the council,
and a certificate of the taking, giving a description of the
property sufficiently accurate for identification, and of the
share of damages sustained by each person, shall within
thirty days from such taking be posted on the premises so
taken, and shall also be recorded in the registry of deeds
for the county of Suffolk. At any time within one year

Chap. 262

Estate in Boston
maj- be taken to
provide accom-
modations for
the departments
of the Common-
wealth.

Damages to he
estimated by
the governor
and council.

206

1882. — Chapter 263.

Party aggrieved
may apply for a
jury.

Estate may be
leased.

from the time when the certificate is recorded as aforesaid
any party aggrieved by the doings of the governor and
council in the estimation of damages, may by petition to
the superior court apply for a jury to determine the matter
of his complaint, and the proceedings thereon shall be
governed by the provisions of chapter forty-nine of the
Public Statutes. The amount which shall be found due
under such purchase or taking shall be paid from the
treasury of the Commonwealth.

Section 3. If the governor by the advice and consent
of the council finds that the purchase or taking of any
estate is inexpedient, he may by lease for a term not ex-
ceeding five years secure such accommodations for the vari-
ous departments of the Commonwealth as may be deemed
necessary and proper. Approved May 26, 1882.

Chap. 263 An Act relating to the adulteration of food and drugs.
Be it enacted, etc., as follows:

Section 1. No person shall, within this Commonwealth,
manufacture for sale, offer for sale or sell any drug or arti-
cle of food which is adulterated within the meaning of
this act.

Section 2. The term "drug" as used in this act shall
include all medicines for internal or external use, antisep-
tics, disinfectants and cosmetics. The term " food " as
used herein shall include all articles used for food or drink
by man.

Section 3. An article shall be deemed to be adulter-
ated within the meaning of this act, —

(a.) In the case of drugs, — (1.) If, when sold under or
by a name recognized in the United States pharmacopoeia,
it differs from the standard of strength, qualit}' or purity
laid down therein ; (2.) If, when sold under or by a name
not recognized in the United States pharmacopoeia but
which is found in some other pharmacopoeia, or other stand-
ard work on materia mediea, it differs materially from the
standard of strength, quality or purity laid down in such
work; (3.) If its strength or purity falls below the pro-
fessed standard under which it is sold :

(6.) In the case of food, — (1.) If any substance or sub-
stances have been mixed with it so as to reduce, or lower,
or injuriously affect its quality or strength; (2.) If any
inferior or chciiper substance or substances have been sub-
stituted wholly or in part for it; (3.) If any valuable con-
stituent has been wholly or in part abstracted from it; (4.)
If it is an imitation of, or is sold under the name of, an-

Adiiltenited
food mid drugs
not to be sold,
etc.

CoriBtruction
of the terms
"drug" and
"food."

What shall be
deemed to be an
adulteration.

1882. — Chapter 263.

207

other article ; (5.) If it consists wholly or in part of a dis-
eased, decomposed, putrid, or rotten animal or vegetable
substance, whether manufactured or not ; or, in the case of
milk, if it is the produce of a diseased animal ; (6.) If it is
colored, coated, polished, or powdered, whereby damage is
concealed, or if it is made to appear better or of greater
value than it really is ; (7.) If it contains any added poison-
ous ingredient, or any ingredient which may render it
injurious to the health of a person consuming it.

The state board of health, lunacy and charity may from
time to time declare certain articles or preparations to be
exempt from the provisions of this act ; and the provisions
hereof shall not apply to mixtures or compounds recog-
nized as ordinary articles of food, provided that the same
are not injurious to health, and are distinctly labelled as
mixtures or compounds.

Section 4. The state board of health, lunacy and
charity shall prepare and publish from time to time lists
of the articles, mixtures or compounds declared to be
exempt from the provisions of this act, in accordance with
the preceding section. The said board shall also from
time to time fix the limits of variability permissible in any
article of food, or any drug, or compound, the standard of
which is not established by any national pharmacopoeia.

Section 5. The state board of health, lunacy and
charity shall take cognizance of the interests of the public
health relating to the sale of drugs and food and the adul-
teration of the same, and shall make all necessary investi-
gations and inquiries in reference thereto, and for these
purposes may appoint inspectors, analysts and chemists,
who shall be subject to its supervision and removal.

Within thirty days after the passage of this act the said
board shall adopt such measures as it may deem necessary
to facilitate the enforcement hereof, and shall prepare rules
and regulations with regard to the proper methods of col-
lecting and examining drugs and articles of food. Said
board may expend annually an amount not exceeding three
thousand dollars for the purpose of carrying out the pro-
visions of this act.

Section 6. Every person offering or exposing for sale,
or delivering to a purchaser, any drug or article of food
included in the provisions of this act, shall furnish to any
analyst or other officer or agent appointed hereunder, who
shall apply to him for the purpose and shall tender him
the value of the same, a sample sufficient for the purpose
of the analysis of any such drug or article of food which is
in his possession.

State board of
health, etc., may
dechvre certain
articles to be
exempt.

To publish lists
of articU'S, etc.,
exempted.

May appoint
analysis, etc ,
to make investi-
gations.

To prepare
rules, etc., for
examining
drugs, etc.

Samples to be
furnished to
analyst upon
tender of value.

208

1882. — Chaptebs 264,265.

Penalties.

When to take

eftect.

Chap. 264

Term fees in
civil actions.

Court may
deniiitiiite the
sbirc town in
which action
may be tried.

Section 7. Whoever hinders, obstructs, or in any way
interferes with any inspector, analyst, or other officer
appointed hereunder in the performance of his duty, and
whoever violates any of the provisions of tliis act, shall be
punished by a fine not exceeding fifty dolhars for the first
offence and not exceeding one hundred dollars for each
subsequent offence.

Section 8. This act shall take effect at the expiration
of ninety days after its passage.

J Approved May 26, 1882.

An Act relating to costs in civil actions.
Be it enacted, etc., us follows :

Section 1. Parties recovering costs in civil actions in
the supreme judicial court or in the superior court, shall
be allowed but three term fees in any action unless allowed
by order of the court; but if the action or any question
therein is carried to the full bench of the supreme judicial
court, two additional term fees may be allowed.

Section 2. When an action is brought in any county
containing two or more shire towns, the court may at the
term of entry designate the shire town in which the same
shall be tried ; and it shall not then be put on the trial
list, nor shall costs be allowed for terms held in any other
town than the one so designated, unless the action is actu-
ally tried in such other town by agreement between the
parties to the suit.

Section 3. This act shall take effect on the first day
of July in the year eighteen hundred and eighty-two.

Approved May 26, 1882.

Chcq). 265 An Act relative to the establishment of railroad cor-
porations.

Be it enacted, etc., as follows :

Section 1. When articles of association have been
entered into under section thirty-four of chapter one hun-
dred and twelve of the Public Statutes, with the intention
of forming a railroad corporation, and proceedings have
been had under sections thirty-four, thirty-five, thirty-six,
thirty-seven and thirty-eight of said cluqiter, the directors
named in such articles of association shall, within thirty
days after the first publication thereof in accordance with
section thirty-seven of said chapter, aj)ply to the board of
railroad commissioners for a certificate that public conven-
ience and necessity require the construction of a railroad

To take effect
July 1, 3882.

Proceedincs to
be HUwpended
iinlen8 coinniis-
(•ionerH certify
that neccHKity,
etc., rcquircM
the road to be
built.

1882. — Chapter 265.

209

as proposed in such articles of association. If a certificate
is granted by said board, proceedings may be continued as
now provided by law ; if a certificate is refused, no further
proceedings shall be had, but the application may be re-
newed after one year from the date of such refusal.

Section 2. The articles of association for the purpose
of forming a railroad corporation, and all proceedings
thereunder, including the fixing of the route, shall be null
and void unless the certificate of incorporation is issued
within one year from the time the route is fixed, as pro-
vided by law.

Section 3. The provisions of this act shall not apply
to any railroad corporation acting under the authority of
a sjjecial act of the legislature, nor to any proceedings
under chapter two hundred and fifty-two of the acts of
the year eighteen hundred and eighty ; but the provisions
hereof shall apply to any railroad corporation acting under
section one hundred and thirty-nine of chapter one hun-
dred and twelve of the Public Statutes. Nothing herein-
before contained shall invalidate any proceedings already
had under sections thirtj^-four to forty, inclusive, of chap-
ter one hundred and twelve of the Public Statutes, or
shall prevent persons already associated and acting under
such sections from exercising the same rights and powers
as if this act had not been passed ; but all articles of asso-
ciation heretofore entered into under the provisions of sec-
tions thirty-four to thirty-seven, inclusive, of said chapter
one hundred and twelve, but under which no certificate of
incorporation has yet been issued, in accordance with sec-
tion forty-four of said chapter, shall be filed with the board
of railroad commissioners within thirty days after the
passage of this act.

Section 4. No railroad operated by steam power, and
no part of such a railroad, shall hereafter be located or
constructed within three miles from the state house with-
out the consent in writing of the board of railroad com-
missioners and also of the mayor and aldermen of any
city and of the selectmen of any town in which a location
is sought being first obtained : provided, hoivever, that
nothing herein shall affect any existing provisions of law
regarding the location and construction of branch rail-
roads.

Section 5. This act shall take effect upon its passage.

Approved May 26, 1882,

Proceedings
void, unless
incorporated
within one year
from time route
is fixed.

Provisions to
apply to corpo-
rations acting
under P. S.
112, § 129.

Steam railroads
not to be located
within three
miles from
state house
without consent
of commission,
ers, etc.

210

1882. — Chapter 266.

Chaj). 266 An Act relating to fire escapes, and to the construction

AND INSPECTION OF FACTORIES, PUBLIC BUILDINGS, AND TENE-
MENT AND LODGING HOUSES.

Fire escapes
to be provided
for factories,
etc.

Tenements and
lodging hoUBCH.

Penalties.

Prosecution not
to be in:iil<' until
four \vcikn
iil'ler iiDliic of
chkiiges to bu
niude.

Be it enacted, etc. , as follows :

Section 1. Section fifteen of chapter one hundred and
four of the Public Statutes is amended so as to read as
follows : " All factories and manufacturing establishments,
three or more stories in height, in which forty or more
persons are employed, unless supplied with a sufficient
number of tower stairways, shall be provided with suf-
ficient fire escapes properly constructed upon the outside
thereof, and connected with the interior by doors or win-
dows, with suitable landings at every story above the first,
including the attic, if the same is occupied for workrooms.
Such fire escapes shall be kept in good repair, and free
from obstruction. Fire escapes existing on the first day
of July in the year eighteen hundred and seventy-seven,
need not be changed in consequence of the provisions of
this section, unless such change is necessary for the pro-
tection of life. Cities may by ordinance provide that the
provisions of this section relating to fire escapes shall
apply to all buildings three or more stories in height with-
in their limits."

Section 2. Section twenty of said chapter is amended
by adding at the end thereof the following words : " Every
building three or more stories in height, in whole or in
part used, occupied, leased or rented, or designed to be
used, occupied, leased or rented for a tenement to be occu-
pied by more than four families, or a lodging house, shall
be provided with a sufficient means of escape in case of
fire, to be approved by the inspector of factories and pub-
lic buildings."

Section 3. Section twenty-two of said chapter is
amended so as to read as follows : " Any person or corpo-
ration being the owner, lessee or occupant of a maiiiit'ac-
turing establishment, factory or workshop, or owning or
controlling the use of any building or room mentionetl in
section twenty, shall, for the violation of any provision of
sections thirteen to twenty-one inclusive, be punished by a
fine of not less than fifty nor more than five hundred dol-
lars, and shall also be liable for all damages suffered by
any employ(5 by reason of such violation ; l)ut no criminal
prosecution shall be made for such violation until four
Aveeks after notice in wi'iting by an inspector of factories
and public buildings of any changes necessary to be made

1882. — CHArTER 267.

211

to comply with the provisions of said sections has been
sent by mail or delivered to such person or corporation,
nor then, if in the mean time such changes have been
made in accordance with such notification. Notice to one
member of a firm, or to the clerk or treasurer of a corpora-
tion owning, leasing, occupying or controlling, as afore-
said, shall be deemed a sufficient notice under this section
to all the members of such firm or to such corporation.
Nothing in this section shall be so construed as to prohibit
a person injured from bringing an action to recover dam-
ages for his injuries,"

Section 4. Section twenty-three of said chapter is
amended so as to read as follows : " The authority of said
inspectors to enforce the provisions of sections thirteen to
twenty-two inclusive shall not extend to the city of Bos-
ton, or to any other city which, under its charter or any
other special statute, has officers specially appointed for
the enforcement of the same or similar provisions."

Section 5. Section twenty-four of said chapter is
amended so as to read as follows: "A district police offi-
cer detailed to perform the duties required by sections
thirteen to twenty-one inclusive who fails to perform such
duties faithfully shall be immediately discharged from his
office."

Section 6. Section ten of chapter one hundred and
three of the Public Statutes is hereby amended by striking
out of the second line the words "thirteen to fifteen in-
clusive, and nineteen to twenty-two inclusive," and insert-
ing therefor the words " thirteen to twenty -two inclusive."

Approved May 26, 1882.

An Act in relation to the attendance of witnesses be- Chap.2Ql

FOUE A board of POLICE COMMISSIONERS.

Be it enacted, etc., as follows :

Section 1. Section seven of chapter one hundred and
sixty-nine of the Public Statutes is amended by inserting
in the fourth line after the word "selectmen," the words
"■ or a board of police commissioners ; " and by inserting in
the tenth line of said section after the word •' selectmen,"
the words "or board of police commissioners."

Section 2. Section eight of said chapter one hundred
and sixty-nine is also amended by inserting after the word
"selectmen," at the end of the tliird line the words "or
chairman of the board of police commissioners."

Section 3. This act shall take effect upon its passage.

Ap2)roved May 26, 1882.

Action for

d;iiii!it;i'M not
proliibiti'd.

Not to extend to
cities wliere
oUicers are spe-
cially appointed
for enforcement,
etc.

District police
otlicer, failing to
perform duties,
to be uis-
cbarged.

To enforce pro-
visions of P. S.
104, §§ V6~-Z->.

Witnesses may
be summoned
befoi-e police
commissioners.

Failing to at-
tend, warrant
may be issued.

212

1882. — Chapters 268, 269.

Chap. 268 An Act to provide fok thk courection of omissions in

THE REGISTRATION OF VOTERS.

Name on voting
list the preced-
ing year, if
omitted by mis-
talse the current
year, may be
placed on list
by order of
asseBsors.

Certificate to be
issued if appli-
cation is made
on the day of
election.

Be it enacted^ etc., as follows:

If a qualified voter of any city or town whose name was
on the voting list of such city or town for the preceding
year, who has been assessed for a poll tax for the current
year, and who has paid a state or county tax assessed
upon him for the preceding or current year, finds after the
close of registration that his name is not placed on the
voting list of the current year by reason of the same being
omitted by clerical error or mistake from the list of polls
as assessed and transmitted by the board of assessors to
the board charged with the preparation of the voting list,
the board of assessors shall, upon the personal application
of such voter, correct such omission or mistake, and give
to him a certificate of such correction, to be presented by
him in person to the board charged with the preparation
of the voting list, who shall, on the receipt thereof, place
the name of such voter on the voting list of the precinct,
ward or town in Which he was entitled to be registered ;
or if application is made on the day of election the said
board last mentioned shall give to such voter a certificate,
on presentation of which to the election officers of his
precinct, ward or town he shall be allowed to vote therein ;
and such certificate shall be returned and preserved in
like manner as the ballots cast in such precinct, ward or
town. Approved May 26, 1SS2.

Chap. 269 An Act to provide for notice of the place of storage

OF GUNPOWDER AND OTHER EXPLOSIVE COMPOUNDS.

Be it enacted, etc., as follows:

Section 1. Any person who shall hereafter store or
keep for sale gunpowder or any other explosive compound
above the quantity of one pound in any building in any
city or town of this Commonwealth shall, immediately on
the receipt of such gunpowder or other explosive com-
pound, deliver to the chief engineer of the fire department
of such city or town, except in Boston, and in Boston to
the board of fire commissioners, a statement in writing of
the amount of such gvinpowder or other explosive com-
pound kept, or proposed to be kept, together with a de-
scription of the building and part of the building in which
the same is k('])t, or proposed to be ke[)t, siitliciently accu-
rate for identification ; and no person shall liitore or keep
fov sale gunpowder or any other explosive compound in

Notice to be
given to chief
engineer of lire
department, of
place of storage
of explosive
compounds.

Special provis-
ion applicable
to Boston.

1882. — Chapter 270.

213

any other place : provided^ that in any town where there
is no fire department such statement shall be delivered to
one of the fire wards in such town.

Section 2. Any person violating any of the provisions Penalty.
of this act shall be punished by a fine not exceeding one
hundred dollars.

Section 8. This act shall take effect upon its passage.

Approved May 26, 1882.

An Act for the better protection of children.
Be it enacted, etc., as follows :

Section 1. Whoever, being the parent of a child less
than two years old, abandons it within or without any
building in this Commonwealth, or, having made a con-
tract or provision for the board or maintenance of such
child, absconds or fails to perform any such contract or
provision, and for a period of four weeks after such ab-
sconding or failure neither visits nor removes such child,
nor during said period notifies the overseers of the poor of
the city or town where such parent resides of his or her
inability to support such child, shall be punished by im-
prisonment, if a man, in the house of correction, and if a
woman in the reformatory prison for women not exceeding
two years, or, in case death shall result from such abandon-
ment, not exceeding five years ; but this act shall not
apply to cases in which the omission to visit, remove or
support such child, or to give such notice, arises from
physical or mental disability.

Section 2. Every person who knowingly and with
wrongful intent aids or abets the abandonment of any
such child, as set forth in the preceding section, shall be
punished by a fine not exceeding one hundred dollars or
by imprisonment not exceeding two years in the house of
correction.

Section 3. Every person who receives for board a
child under the age of one year, knowing or having reason
to believe it to be illegitimate, shall forthwith notify the
overseers of the poor of the city or town in which he
resides of the fact of such reception, and, if requested by
such overseers, shall alho so notify the state board of
health, lunacy and charity. The parent or parents of
such child shall, when called upon by said board, or such
overseers, give to said board or such overseers satisfactory
security for the maintenance of such child. The parents
of such children shall, when called upon, give true answers

Chap.210

Penalty on par-
ent for aban-
donment of
child less than
two years old.

Penalty for
aiding or abet-
ting.

Person receiv-
ing for board an
Illegitimate
child under age
of one year to
notify overseers
of the poor.

214

1882. — Chapter 271.

Penalty for not
supporting
minor child.

to the said state board, or any of its officers, as to the resi-
dence, parentage and place of settlement of such children,
so far as their knowledge extends. Whoever violates any
of the provisions of this section shall be punished by a fine
not exceeding one hundred dollars or by imprisonment in
the house of correction not exceeding one year.

Section 4. Whoever unreasonably neglects to provide
for the support of his minor child shall be punished by
fine not exceeding twenty dollars, or by imprisonment in
the house of correction not exceeding six months.

Approved May 26, 1882.

Chap. 211 -^N Act to apportion and assess a state tax of two

MILLION dollars.

Be it enacted, etc., as follows:

Section 1. Each city and town in this Commonwealth
shall be assessed and pay the several sums with which
they stand respectively charged in the following schedule,
that is to say : —

BARNSTABLE COUNTY.

State tax of
$2,000,000.

BarnBtable
County.

Barnstable .
Brewster .

Three thousand one hundred and

twenty dollars ....

Eight hundred and twenty dollars .

$3,120 00
820 00

Chatham .

One thousand dollars

1,000 00

Dennis

Eighteen hundred and forty dollars,

1,840 00

Eastham .

Two hundred and sixty dollars

260 00

Falmouth .
Harwich .

Twenty-seven hundred and forty dol-
lars ......

Thirteen hundred dollars

2,740 00
1,300 00

Mashpee .

One hundred and twenty dollars

120 00

Orleans

Six hundred dollars

600 00

Provincetown .

Twenty-two hundred dollars .

2,200 00

Sandwich .

Sixteen hundred and twenty dollars,

1,620 00

Truro

Three hundred and sixty dollars

360 00

Wellfleet .

Ten liundred and eighty dollars

1,080 00

Yarmouth .

Sixteen hundred and eighty dollars,

1,6S0 00

$18,740 00

1882. — Chapter 271.

BERKSHIRE COUNTY.

215

Berkshire
County.

Adams

Alford

Becket

Cheshire .

Clarksburg

Dalton

Egremont .

Florida

Great Barrington,

Hancock .

Hinsdale .

Lanesborough .

Lee .

Lenox

Monterey .

Mt. Washington,

New Ashford

New Marlborough

North Adams

Otis .

Peru •

Pittsfield .

Richmond .

Sandisfield

Savoy

Sheffield .

Stockbridge

Twenty-five hundred and twenty dol-
lars

Three hundred and twenty dollars .

Five hundred and sixty dollars

Twelve hundred and twenty dollars,

Three hundred dollars

Fourteen hundred and sixty dollars,

Six hundred and eighty dollars

Two hundred and forty dollars

Thirty-eight hundred and twenty

dollars .....
Five hundred dollars

Nine hundred and sixty dollars

Eight hundred and eighty dollars

Twenty- two hundred and forty doL

lavs

Sixteen hundred dollars .

Three hundred and twenty dollars

One hundred dollars

Nine hundred and sixty dollars

Forty-eight hundred and sixty del

lars .....
Three hundred and twenty dollars

One hundred and eighty dollars

Ten thousand one hundred andtwen

ty dollars ....
Six hundred and sixty dollars .

Five hundred dollars

Two hundred and sixty dollars

Thirteen hundred and forty dollars

Thirty-one hundred and forty dol
lars

$2,520 00
320 00

560 00
1,220 00

800 00
1,460 00

680 00

240 00

3,820 00
500 00

960 00

880 00

2,240 00
1,600 00

320 00

100 00

960 00

4,860 00
320 00

180 00

10,120 00
660 00

500 00

260 00

1,340 00

3,140 00

216

1882. — Chapter 271,

Berkshire
County.

Bristol County.

BERKSHIRE C 0 UN T Y— C o nc l u d e d.

Tyringham

Three hundred dollars

$300 00

Washington

Two hundred and eighty dollars

280 00

W. Stockbridge .

One thousand dollars

1,000 00

Williamstown .

Two thousand and eighty dollars .

2,080 00

Windsor .

Two hundred and sixty dollars

260 00

$44,080 00

Acushnet .
Attleborough
Berkley
Dartmouth
Dighton
Easton
Fairhaven .
Fall River .
Freetown .
Mansfield .
New Bedford
Norton
Raynham .
Rehoboth .
Seekonk
Somerset .
Swanzey
Taunton .
Westport .

BRISTOL COUNTY.

Six hundred and eighty dollars

Fifty-one hundred and eighty dol-
lars

Three hundred and sixty dollars

Twenty-one hundred dollars .

Nine hundred and forty dollars

Thirty-three hundred and twenty
dollars

Seventeen hundred and eighty dol-
lars

Fifty-three thousand four hundred
and twenty dollars

Eight hundred and forty dollars

Thirteen hundred and forty dollars

Twenty-nine thousand one hundred

and sixty dollars .
Nine hundred and eighty dollars

Fourteen hundred dollars

Nine hvmdred and twenty dollars

Seven hundred dollars

Twelve hundred dollars .

Seven hundred and eighty dollars

Nineteen thousand one hundred and

forty dollars
Sixteen hundred and fi)rty dollars

$680 00

5,180 00
300 00

2,100 00

940 00

3,320 00

1,780 00

53,420 00
840 00

1,340 00

29,160 00
980 00

1,400 00

920 00

700 00

1,200 00

780 00

19,140 00
1,640 00

$125,880 00

Amesbury

Andover

Beverly

Boxford

Bradford

Danvera

Essex

Georgetown

Gloucester

Groveland

Hamilton

Haverhill

Ipswich

Lawrence

Lynn .

Lynnfield

Manchester

Marblehead

Merrimac .

1882. — Chapter 271.
DUKES COUNTY.

ESSEX COUNTY.

Two thousand and forty dollars

Forty-three hundred dollars .

Nine thousand five hundred and

twenty dollars ...
Six hundred and eighty dollars

Fifteen hundred and sixty dollars

Forty-two hundred and eighty dol

lars .....
Eleven hundred dollars .

Twelve hundred dollars .

Ten thousand dollars

One thousand dollars

Six hundred dollars

Twelve thousand dollars .

Twenty-four hundred and twenty
dollars ....

Twenty-five thousand two hundred
and sixty dollars

Twenty-nine thousand eight hundred
and forty dollars .

Nine hundred dollars

Nineteen hundred and sixty dollars,

Forty-seven hundred and forty dol-
lars ......

Eleven hundred and twenty dollars .

217

Dukes County.

Chilmark .

Three hundred and forty dollars

1340 00

Edgartown

Nineteen hundred and forty dollars,

1,940 00

Gay Head .

Twenty dollars ....

20 00

Grosnold . i

Two hundred dollars

200 00

Tisbury

Eight hundred dollars

800 00

$3,300 00

Essex County.

$2,040 00
4,300 00

9,520 00
680 00

1,560 00

4,280 00
1,100 00

1,200 00

10,000 00

1,000 00

600 00

12,000 00

2,420 00

25,260 00

29,840 00
900 00

1,960 00

4,740 00
1,120 00

218

Essex County,

1882. — Chapter 271.

ESSEX COUNTY — Concluded.

Franklin
County.

Methiien .
Middleton .
Nahant
Newbury .
Newburyport
North Andover .
Peabody
Kockport .
Rowley
Salem
Salisbury .
Saugus
Swampscott
Topsfield .
Wenham .
West Newbury .

Twenty-six hundred and eighty dol

lars .....
Five hundred and forty dollars

Eighty-two hundred and eighty del

lars . . .
Eleven hundred and forty dollars

Eighty-seven hundred and forty dol-
lars .....

Twenty-four hundred and eighty
dollars .....

Seventy-three hundred dollars .

Twenty-four hundi'ed and forty dol

lars .....
Six hundred and forty dollars .

Twenty-nine thousand three hundred

and eighty dollars
Twenty-four hundred and sixty dol

lars

Two thousand and forty dollars

Twenty-eight hundred and sixty dol-
lars .....
Eight hundred and sixty dollars

Six hundred and sixty dollars .

Twelve hundred and forty dollars

>,680 00
540 00

8,280 00
1,140 00

8,740 00

2,480 00
7,300 00

2,440 00
640 00

29,380 00

2,460 00
2,040 00

2,860 00
860 00

660 00

1,240 00

^188,260 00

FRANKLIN COUNTY.

Ashfield .

Six hundred and twenty dollars

1620 00

Bernardston

Four hundred and eighty dollars

480 00

Buckland .

Seven hundred dollars

700 00

Charlemont

Four hundred and twenty dollars .

420 00

Colrain

Seven hundred and eighty dollars .

780 00

Conway

Nine hundred and twenty dollars .

920 00

Deerfield .

Nineteen hundred dollars

1,900 00

Erving

Four lunulred dollars

400 GO

1882. — Chapter 271.

219

FRANKLIN C OUNT Y — C oncluded.

GiU .

Five hundred and forty dollars

^540 00

Greenfield .
Hawley

Thirty-five hundred and forty dol-
lars ......

Two hundred dollars

3,540 00
200 00

Heath

Two hundred and twenty dollars

220 00

Leverett

Three hundred and eighty dollars .

380 00

Leyden

Two hundred and sixty dollars

260 00

Monroe

Sixty dollars

60 00

Montague .

Twenty-three hundred dollars

2,300 00

New Salem

Three hundred and eighty dollars .

380 00

Northfield .

Eight hundred and sixty dollars

860 00

Orange
Rowe .

Seventeen hundred and eighty dol-
lars ......

Two hundred dollars

1,780 00
200 00

Shelbume .

One thousand and sixty dollars

1,060 00

Shutesbury

Two hundred dollars

200 00

Sunderland

Five hundred and forty dollars

540 00

Warwick .

Three hundred and forty dollars

340 00

Wendell .

Two hundred dollars

200 00

Whately .

Eight hundred and eighty dollars .

880 00

120,160 00

Franklin
County.

Agawam

Blandford

Brimfield

Chester

Chicopee

Granville

HAMPDEN COUNTY.

Fourteen hundred and twenty dol-
lars ......

Four hundred and sixty dollars

Six hundred and sixty dollars .

Six hundred and twenty dollars

Six thousand four hundred and
sixty dollars ....

Four hundred and eighty dollars

Hampden
County.

L,420 00
460 00

660 00

620 00

6,460 00
480 00

220

Hampden

County.

Hampsbire
County

1882. — Chapter 271.

HAMPDEN COUNTY — Concluded.

Holland

Holyoke

Longmeadow

Ludlow

Monson

Montgomery

Palmer

Russell

Southwick

Springfield

Tolland

Wales

Westfield

West Springfield,

Wilbraham

One hundred and forty dollars

Eleven thousand five hundred and

twenty dollars ....

Fifteen hundred and twenty dollars.

Six hundred and twenty dollars

Sixteen hundred and twenty dollars,

One hundred and sixty dollars

Two thousand and eighty dollars

Four hundred and sixty dollars

Seven hundred dollars

Forty-four thousand and sixty dol

lars .....
Two hundred and sixty dollars

Five hundred dollars

Seven thousand nine hundred and

forty dollars
Three thousand three hundred and

twenty dollars
Eleven hundred dollars .

HAMPSHIRE COUNTY.

Amherst

Belchertown

Chesterfield

Curamington

Easthampton

Enfield

Goshen

Gran by

Greenwich .

5140 00

11,520 00
1,520 00

620 00

1,620 00

160 00

2,080 00

460 00

700 00

44,060 00
260 00

500 00

7,910 00

3,320 00
1,100 00

$86,100 00

Twenty-eight hundred and twenty I

dollars | ^2,820 00

Twelve hundred dollars . . . ' 1,200 00

Three hundred and sixty dollars . ! 360 00

Four hundred and eighty dollars . I 480 00

Twenty-eight hundred and twenty |

dollars ; 2,820 00

Eight hundred and forty dollars . , 840 00

One hundred and forty dollars . : 140 00

Five hundred and eighty dollars . 580 00

Three hundred and forty dollars . 340 00

1882. — Chapter '271.

HAMPSHIRE COUNTY — Concluded.

221

Hampshire
County.

Hadley

Hatfield .

Huntington

Middlefield

Northampton

Pelham

Plainfield .

Prescott

South Hadley

Southampton

Ware

Westhampton

Williamsburg

Worthington

Acton

Arlington

Ashby

Ashland

Ayer .

Bedford

Belmont

Billerica

Boxborough

Burlington

Sixteen hundred and twenty dollars,

Fourteen hundred and twenty dol-
lars .....
Five hundred and eighty dollars

Four hundred and twenty dollars

Eighty- four hundred and sixty doL

lars .....
Two hundred dollars

Two hundred and sixty dollars

Two hundred and twenty dollars

Twenty-one hundred dollars .

Five hundred and sixty dollars

Twenty-one hundred and forty doL

lars .....
Three hundred and twenty dollars

Fifteen hundred and twenty dollars.

Four hundred dollars

MIDDLESEX COUNTY.

Fourteen hundred and forty dollars.

Sixty-six hundred and eighty dol-
lars ......

Six hundred dollars

Sixteen hundred and twenty dollars,

Twelve hundred and twenty dollars.

Eight hundred and twenty dollars .

Forty-four hundred and eighty dol-
lars ......

Nineteen hundred dollars

Three hundred dollars

Five hundred and eighty dollars

$1,620 00

1,420 00
580 00

420 00

8,460 00
200 00

260 00

220 00

2,100 00

560 00

2,140 00
320 00

1,520 00

400 00

$29,800 00

Middlesex
County.

$1,440 00

6,680 00
600 00

1,620 00

1,220 00

820 00

4,480 00
1,900 00

300 00

580 00

222

Middlesex

County.

1882. —Chapter 271.

MIDDLESEX COUNTY — Continued.

Cambridge

Carlisle

Chelmsford

Concord

Dracut

Dunstable .

Everett

Framingham

Groton

Holliston .

Hopkinton .

Hudson

Lexington .

Lincoln

Littleton .

Lowell

Maiden

Marlborough

Maynard .

Medford .

Melrose

Natick

Newton

North Reading .

Pepperell .

Reading

Sherborn .

Sixty-nine thousand five hundred

and forty dollars
Four hundred and twenty dollars .

Sixteen hundred and sixty dollars .

Thirty-three hundred and sixty dol-
lars ......

Eleven hundred and twenty dollars,

Three hundred and eighty dollars .

Forty-six hundred and forty dollars,

Fifty-two hundred and twenty dol-
lars ......

Twenty-four hundred and forty dol-
lars ......

Two thousand and eighty dollars

Twenty-five hundred and sixty dol-
lars ......

Nineteen hundred dollars

Thirty-two hundred and sixty dol-
lars ......

Nine hundred and forty dollars

Eight hundred and forty dollars

Forty-two thousand two hundred

dollars . . . . .

Ten thousand four hundred dollars,

Thirty-seven hundred and sixty dol-
lars

Fourteen hundred and sixty dollars,

Ten thousand two hundred and sixty

dollars .....
Forty-seven hundred and sixty dol

lars .....
Forty-one hundred and forty dol

lars .... .

Thirty-two thousand one hundred

and sixty dollars .
Five hundred dollars

Sixteen hundred dollars .

Twenty-six hundred dollars

One thousand dollars

59,540 00
420 00

1,660 00

3,360 00
1,120 00

380 00

4,640 00

5,220 00

2,440 00
2,080 00

2,560 00
1,900 00

3,260 00
940 00

840 00

42,200 00
10,400 00

3,760 00
1,460 00

10,260 00

4,760 00

4,140 00

32,160 00
500 00

1,600 00

2,600 00

1,000 00

1882. — Chapter 271.
MIDDLESEX COUNT Y — C onclu d ed.

223

Middlesex
County.

Shirley

Ten hundred and sixty dollars

$1,060 00

Somerville .
Stoneham .
Stow .

Thirty thousand eight hundred and
eighty dollars ....

Thirty-four hundred and forty dol-
lars ......

Seven hundred and eighty dollars .

30,880 00

3,440 00
780 00

Sudbury .

Eleven hundred and twenty dollars.

1,120 00

Tewksbury

One thousand dollars

1,000 00

Townsend .

Nine hundred and twenty dollars .

920 00

Tyngsborough .

Three hundred and forty dollars

340 00

Wakefield .

Five thousand and eighty dollars .

5,080 00

Waltham .
Watertown
Wayland .

Ten thousand nine hundred and
forty dollars ....

Eighty-five hundred and sixty dol-
lars ......

Twelve hundred and forty dollars .

10,940 00

8,560 00
1,240 00

Westford .

Twelve hundred and forty dollars .

1,240 00

Weston

Eighteen hundred and forty dollars,

1,840 00

Wilmington

Six hundred dollars

600 00

Winchester

Five thousand and twenty dollars .

5,020 00

Woburn

Ninety-five hundred dollars

9,500 00

1318,400 00

Nantucket .

NANTUCKET COUNTY.

Twenty-six hundred and sixty dol-
lars

Nantneket
County.

$2,660 00

NORFOLK COUNTY.

Rellingham

Six hundred dollars

f 600 00

Braintree .

Three thousand dollars .

3,000 00

Brookline .

Thirty-one thousand six hundred
and twenty dollars

31,620 00

Norfolk
County.

224

Norfolk
County.

1882. — Chapter 271.
NORFOLK COUNTY — Concluded.

Plymouth
County.

Canton

Coh asset

Dedham

Dover

Foxborough

Franklin

Holbrook

Hyde Park

Medfield

Medway

Milton

Needham

Norfolk

Norwood

Quincy

Randolph

Sharon

Stoughton

Walpole

Weymouth

Wrentham .

Abington .
Bridgewater
Brockton .

Thirty-four hundred and eighty dol-
lars ......

Twenty-five hundred and sixty dol-
lars

Sixty-six hundred and sixty dollars,

Four hundred and eighty dollars
Nineteen hundred and forty dollars,
Sixteen hundred and sixty dollars .

Seventeen hundred and twenty dol-
lars ......

Sixty-nine hundred and eighty dol-
lars ......

Eleven hundred and twenty dollars .

Two thousand and forty dollars

Eighty-five hundred and sixty dol-
lars ......

Forty-eight hundred and eighty dol-
lars ......

Six hundred and twenty dollars

Eighteen hundred and eighty dol-
lars ......

Seventy-eight hundred dollars

Twenty-seven hundred and forty
dollars ......

Ten hundred and sixty dollars

Twenty-seven hundred and eighty

dollars .....

Sixteen hundred and sixty dollars .

Sixty-seven hundred and sixty dol-
lars ......

Thirteen hundred dollars

$3,480 00

2,560 00
6,660 00

480 00

1,940 00

1,660 00

1,720 00

6,980 00
1,120 00

2,040 00

8,560 00

4,880 00
620 00

1,880 00
7,800 00

2,740 00
1,060 00

2,780 00
1,660 00

6,760 00
1,300 00

$103,900 00

PLYMOUTH COUNTY.

Eighteen hundred and eighty dol- ;

hirs $1,880 00

Twenty-eight hundred and sixty dol- i

lars 2,860 00

Sixty-two hundred and sixty dollars, 6,260 00

1882. — Chapter 271.

PLYMOUTH COUNTY— Co NCLU

225

Plymouth
County.

Carver

Six hundred and sixty dollars .

1^600 00

Duxbury .

Fifteen hundred dollars .

1,500 00

E. Bridgewater .

Fifteen hundred and forty dollars .

1,540 00

Halifax

Three hundred and forty dollars

340 00

Hanover

Eleven hundred dollars .

1,100 00

Hanson

Six hundred and sixty dollars .

660 00

Hingham .

Thirty-nine hundred dollars .

3,900 00

Hull .

Six hundred and forty dollars

640 00

Kingston .

► Eighteen hundred and sixty dollars,

1,860 00

Lakeville .

Six hundred. and forty dollars

640 00

Marion

Five hundred and forty dollars

540 00

Marshfield .

Eleven hundred dollars .

1,100 00

Mattapoisett

Thirteen hundred and sixty dollars,

1,360 00

Middleborough .

Twenty-eight hundred and eighty
dollars

2,880 00

Pembroke .

Eight hundred dollars

800 00

Plymouth .
Plympton .

Forty-nine hundred and sixty dol-
lars

Three hundred and sixty dollars

4,960 00
360 00

Rochester .

Five hundred and sixty dollars

560 00

Rockland .

Twenty- three hundred dollars

2,300 00

Scituate

Sixteen hundred and twenty dollars,

1,620 00

South Abington .

Fifteen hundred and sixty dollars .

1,560 00

South Scituate .

Twelve hundred and forty dollars .

1,240 00

Wareham .

Thirteen hundred dollars

1,300 00

W. Bridgevpater .

Ten hundred and forty dollars

1,040 00

$15,460 00

226

Suffolk County.

Worcester

County.

1882. — Chapter 271.

SUFFOLK COUNTY.

Boston

Chelsea
Revere
Winthrop .

Eight hundred and twenty -five thou-
sand four hundred and eighty dol-
lars

Nineteen thousand six hundred and
forty dollars ....
wo thousand and eighty dollars

Eleven hundred and twenty dollars .

$825,480 00

19,640 00
2,080 00

1,120 00

$848,320 00

WORCESTER COUNTY.

Ashburnham . Twelve hundred and sixty dollars" . $1,260 00

Athol . . Thirty-one hundred and forty dol-
lars j 3,140 00

Auburn . . Six hundred and sixty dollars . . ' 660 00

Barre . . Twenty-one hundred and twenty

dollars i 2,120 00

Berlin . . Five hundred and sixty dollars . 560 00

Blackstone . Twenty-three hundred and eighty

dollars 2,380 00

Bolton . . Six hundred and twenty dollars . 620 00

Boylston . . Six hundred and forty dollars . . 640 00

Brookfield . . Fifteen hundred and eighty dollars . 1,580 00

Charlton . . Eleven hundred and twenty dollars, 1,120 00

Clinton . . Forty-nine hundred and forty dol-
lars i 4,940 00

Dana . . . Three hundred and forty dollars . j 340 00

Douglas . . Ten hundred and sixty dollars . 1,060 00

Dudley . . Eleven hundred apd eighty dollars . 1,180 00

Fitchburg . . Fourteen thousand one hundred and

eighty dollars .... 14,180 00

Gardner . . Twenty-three hundred and sixty

dollars 2,360 00

Grafton . . Twenty-one hundred and eighty dol-
lars 2,180 00

Hardwick . . Twelve hundred and twenty dollars, 1,220 00

Harvard . . Twelve hundred and twenty dollars, 1,220 00

1882. —Chapter 271.

227

WORCESTER C O U N T Y — Contikued.

Worcester
County.

Holdeu

Hubbardston

Lancaster .

Leicester .

Leominster

Lunenburg-

Men don

Milford .

Millbury .

New Braintree

Northborough

Northbridge

North Brookfield

Oakham

Oxford

Paxton

Petersham

Phillipston

Princeton

Royalston

Rutland

Shrewsbury

Southborough

Southbridge

Spencer

Sterling

Sturbridge .

Eleven hundred dollars .

Nine hundred and eighty dollars

Twenty- five hundred and forty dol-
lars .....

Twenty-three hundred and eighty
dollars ...

Forty-three hundred dollars

Eight hundred and sixty dollars
Seven hundred and forty dollars

Fifty-seven hundred and twenty dol-
lars .....

Twenty-nine hundred and forty dol-
lars .....

Five hundred and forty dollars

Fourteen hundred and twenty dol-
lars .....
Twenty-five hundred dollars .

Two thousand and eighty dollars

Four hundred dollars

Seventeen hundred and twenty dol-
lars .....
Three hundred and sixty dollars

Seven hundred and eighty dollars

Three hundred and sixty dollars

Ten hundred and twenty dollars

Eight hundred and forty dollars

Five hundred and twenty dollars

Twelve hundred and sixty dollars

Fifteen hundred and forty dollars

Thirty-five hundred dollars

Three thousand and eighty dollars.

Twelve hundred and eighty dollars .

n,100 00
980 00

2,540 00

2,380 00
4,300 00

860 00

740 00

5,720 00

2,940 00
540 00

1,420 00
2,500 00

2,080 00

400 00

1,720 00
360 00

780 00

360 00

1,020 00

840 00

520 00

1,260 00

1,540 00

3,500 00

3,080 00

1,280 00

228

Worcester
County.

Recapitulation
by counties.

1882. — Chapter 271.
WORCESTER CO UNT Y — Conclu

Sutton

Sixteen hundred and forty dollars .

ei,640 00

Templeton .

Fom-teen hundred and eighty dollars,

1,480 00

Upton

Nine hundred and eighty dollars

980 00

Uxbridge .

Two thousand and forty dollars

2,040 00

Warren

Seventeen hundred and forty dollars,

1,740 00

Webster

Twenty-eight hundi-ed dollars .

2,800 00

Westborough

Twenty-seven hundred dollars

2,700 00

West Boylston .

Thirteen hundred and twenty dol-
lars

1,2320 00

West Brookfield .

Nine hundred and sixty dollars

960 00

Westminster

Nine hundred and eighty dollars .

980 00

Winchendon
Worcester .

Twenty-four hundred and eighty
dollars

Fifty-seven thousand and twenty
dollars

2,480 00
57,020 00

$164,940 00

RECAPITULATION.

Barnstable Co.
Berkshire Co.
Bristol Co. .

Dukes Co. .
Essex Co. .

Franklin Co.
Hampden Co.
Hampshire Co.
Middlesex Co.
Nantucket Co.

Eighteen thousand seven hundred
and forty dollars .

Forty-four thousand and eighty dol
lars .....

One hundred and twenty-five thou-
sand eight hundred and eighty
dollars .....

Thirty-three hundred dollars .

One hundred and eighty-eight thou
sand two hundred and sixty del
lars .....

Twenty thousand one hundred and
sixty dollars

Eighty-six thousand one hundred
doHars .....

Twenty-nine thousand eight hundred
dollars

Tliree hundred and eighteen thou-
sand four liundred dollars .

Two thousand six hundred and sixty
dollars .....

$18,740 00
44,080 00

125,880 00
3,300 00

188,260 00
20,160 00
86,100 00
29,800 00

318,400 00
2,660 00

1882. — Chapter 271.

229

RECAPITULATION — Concluded.

Norfolk Co.

One hundred and three thousand

Plymouth Co.
Suffolk Co.

nine hundred dollars .
Forty-five thousand four hundred

and sixty dollars ....
Eisfht hundred and forty-eis^ht thou-

$103,900 00
45,460 00

Worcester Co. .

sand three hundred and twenty

dollars

One hundred and sixty-four thou-
sand nine hundred and forty dol-

848,320 00

lars . .

164,940 00

12,000,000 00

Recapitulation
by counties.

Section 2. The treasurer of the Commonwealth shall
forthwith send his warrant, directed to the selectmen or
assessors of each city or town taxed as aforesaid, requiring
them respectively to assess the sum so charged, according
to the provisions of chapter eleven of the Public Statutes,
and to add the amount of such tax to the amount of town
and county taxes to be assessed by them respectively on
each city and town.

Section 3. The treasurer of the Commonwealth in
his warrant shall require the said selectmen or assessors to
pay, or to issue severally their warrant or warrants requir-
ing the treasurers of their several cities or towns to pay,
to the treasurer of the Commonwealth, on or before the
tenth day of December in the year eighteen hundred and
eighty-two, the sums set against said cities and towns in
the schedule aforesaid ; and the selectmen or assessors
respectively shall return a certificate of the names of the
treasurers of their several cities and towns with the sum
which each may be required to collect, to the treasurer of
the Commonwealth at some time before the first day of
October in the year eighteen hundred and eighty-two.

Section 4. If the amount due from any city or town,
as provided in this act, is not paid to the treasurer of the
Commonwealth within the time specified, then the said
treasurer shall notify the treasurer of such delinquent
city or town, who shall pay into the treasury of the Com-
monwealth, in addition to the tax, such further sum as
would be equal to one per centum per month during such
delinquency, from and after the tenth day of December
in the year eighteen hundred and eighty-two ; and if the
same remains unpaid after the first day of January in the
year eighteen hundred and eighty-three, an information

Treasurer of
the Comttion-
■wealth to issue
warrants.

To require
selectmen or
assessors to
issue warrants
to city or town
treasurers.

To notify the
treasurers of
delinquent
cities and
towns.

280

1882. — Chapters 272, 273.

may be filed by the treasurer of the Commonwealth in the
supreme judicial court or before any justice thereof against
such delinquent city or town ; and upon notice to such
city or town and a summary hearing thereon a Avarrant of
distress may issue against such city or town, to enforce
the payment of said taxes, under such penalties as said
court or the justice thereof, before whom the hearing is
had, shall order.

Section 5. This act shall take effect upon its passage.

Approved May 26, 18S2.

Cities and
towns may
regulate sale,
etc., of toy
pistols.

Chap. 272 An Act concerning the sale or use of tot pistols and

OTHER DANGEROUS ARTICLES.

Be it enacted, etc., as follows:

Section 1. The city council of any city, and the
selectmen of any town, maj^ adopt such rules and regula-
tions as they may deem reasonable in relation to the sale
or use, within the limits thereof, of to}'' pistols, toy cannon,
and all other articles in which explosive compounds of any
kind are used, or of w-hich such compounds form a part, and
may affix penalties for violation of such rules and regula-
tions not exceeding fifty dollars for any one offence ; but
no such rule or regulation shall take effect until it has
been approved by the superior court, or in vacation by a
justice thereof, and with such approval entered and re-
corded, as provided in section twenty-one of chapter twen-
ty-seven of the Public Statutes.

Section 2. This act shall take effect upon its passage.

Approved May 26, 1882.

Chap. 273 An Act in further addition to " an act making appro-
priations FOR EXPENSES AUTHORIZED THE PRESENT YEAR,
AND FOR OTHER PURPOSES."

Be it enacted, etc., as follows :

Section 1. The sums hereinafter mentioned are appro-
priated to be paid out of the tjeasury of the Common-
wealth from the ordinary revenue, unless otheiwise or-
dered, for the purposes specified in certain acts and resolves
of the present yeai', and for other purposes, to wit : —

For Jennie S. Caproii, three hundred dollars, as author-
ized by chapter thirty-eight of the resolves of the present
year.

For Samuel Hillman, one hundred and twenty-five dol-
lars, as authorized by chapter thirty-nine of the resolves of
the present year.

Appropriations.

Jennie 8.
Capron.

•Samuel Uill
nun.

1882. — Chapter 273.

231

For James Burke, one hundred dollars, as authorized by
chapter forty of the resolves of the present year.

For the disabled soldiers' employment bureau, two thou-
sand dollars, as authorized by chapter forty-two of the re-
solves of the present year.

For the trustees of the state lunatic hospital at Danvers,
twenty-five thousand dollars, as authorized by chapter
forty-three of the resolves of the present year.

For additional clerical assistance at the state prison at
Concord, twelve hundred dollars, as authorized by chapter
forty-four of the resolves of the present year.

For the trustees of the state lunatic hospital at Taun-
ton, twelve thousand five hundred dollars, as authorized
by chapter forty-five of the resolves of the present year.

For the trustees of the state lunatic hospital at Worces-
ter, ten thousand dollars, as authorized by chapter forty-
six of the resolves of the present 3^ear.

For Thomas F. Maney, three hundred dollars, as author-
ized by chapter forty-eight of the resolves of the present
year.

For the trustees of the Massachusetts agricultural col-
lege, nine thousand dollars, as authorized by chapter forty-
nine of the resolves of the present year.

For the compensation of a commissioner to the national
forestry convention, fifty dollars, as authorized by a joint
resolution adopted April eighteenth of the present year by
the senate and house of representatives.

For the Massachusetts school for idiotic and feeble-
minded youth, four thousand five hundred dollars, as
authorized by chapter fifty-one of the resolves of the pres-
ent year.

For the compensation and expenses of an additional
agent of the board of education, twenty-seven hundred
dollars, as authorized by chapter fifty-three of the re-
solves of the present year.

For painting and necessary repairs upon the buildings
of the state normal school at Framingham, eleven hun-
dred and seventy dollars, as authorized by chapter fifty-
four of the resolves of the present year.

For the purchase of paper for the Commonwealth, as
authorized by chapter fifty-six of the resolves of the pres-
ent year, a sum not exceeding ten thousand dollars, and
there may be used from the appropriation made the pres-
ent year for printing public documents such further sum
as may be necessary for the same purpose.

For expenses at the state prison at Concord, a sum not

James Burke.

Soldiers'

employment

bureau.

Lunatic hospi-
tal at Danvers.

State prison.

Lunatic hospi-
tal at Taunton.

Lunatic
hospital at
Worcester.

Thomas F.
Maney.

Agricultural
college.

Commissioner
to forestry con-
vention.

School for
idiotic and
feeble-minded
youth.

Board of educa-
tion.

Normal Bchool
at Framingham.

Paper for the
Common wealta.

State prison.

232

1882. — Chapter 273.

Repairs at state
house.

Contagious dis-
eases of horses
and cattle.

Reports of con-
tested elections.

Assistant clerks
of senate and
house.

Assistant regis-
ter of probate
for Sutiblk.

Cotnmiseioners
of savings
banks.

District-attor-
ney foi- eastern
district.

Ptnte library.

Btate prison
snihries.

yalarles of
Justices of the
superior court.

exceeding seventeen thousand dollars, as authorized by
chapter sixty of the resolves of the present year.

For painting the state house and making repairs in and
about the same, a sum not exceeding seventeen thousand
dollars, as authorized by chapter fifty-nine of the resolves
of the present year.

For the purpose of exterminating contagious diseases
among horses and cattle, a sum not exceeding two thou-
sand dollars, as authorized by chapter fifty-eight of the
resolves of the present year.

For the publication of reports of contested election
cases, as authorized by chapter sixty-one of the resolves
of the present year, a sum not exceeding twelve hundred
dollars.

For the salaries of the assistant clerks of the senate
and house of representatives, six hundred dollars, as
authorized by chapter two hundred and fifty-seven of the
acts of the present year, in addition to the amount here-
tofore appropriated.

For the salary of the assistant register of probate and
insolvency for the county of Suffolk, five hundred dollars,
as authorized by chapter one hundred and forty-four of
the acts of the present year, the same to be in addition to
the amount heretofore appropriated.

For the salaries of the clerks of the board of commis-
sioners of savings banks, two hundred and ninety dollars,
as authorized by chapter one hundred and forty -eight of
the acts of the present year, the same to be in addition
to the amount heretofore appropriated.

For the salary of the di.strict-attorney for the eastern
district, four hundred and twenty-eight dollars and thirty-
three cents, as authorized b}^ chapter one hundred and
fift3'-six of the acts of the present year, the same to be in
addition to the amount heretofore appropriated.

For the purchase of books for the state library, one
thousand dollars, as authorized by chapter one hundred
and ninety-six of the acts of the present year, the same to
be in addition to the amount heretofore appiojiriated.

For the payment of salaries at the state prison at Con-
cord, sixteen hundred dollars, made necessary by the pro-
visions of chapter two hundred and three of the acts of
the present 3'ear, the same to he in addition to the amount
heretofore appropriated.

For the salary of the chief justice of the suj)erior court,
three hundred and twenty-two dollars and fifty-nine cents,
and for the salaries of the ten associate justices of the

1882. — Chapter 273.

233

superior court, three thousand two hundred and twenty-
five dollars and ninety cents, as authorized by chapter two
hundred and five of the acts of the present year, the same
to be in addition to the amount heretofore appropriated.

For the care and maintenance of indigent and neglected
children, a sum not exceeding five thousand dollars, as
authorized by chapter one hundred and eighty-one of the
acts of the present year.

For the establishment of an agricultural experiment
station, three thousand dollars, and for the maintenance of
said station, three thousand seven hundred and fifty dol-
lars, as authorized by chapter two hundred and twelve of
the acts of the present year.

For the purpose of providing a place for the burial of
prisoners dying at the reformatory prison for women, a
sum not exceeding one hundred and fifty dollars for the
purchase of land, and not exceeding five hundred dollars
for fencing said land and preparing it for use, as authorized
by chapter two hundred and thirteen of the acts of the
present year.

For the salaries of the officers in attendance upon the
supreme judicial court in the county of Suffolk, sixteen
hundred dollars, as authorized by chapter two hundred
and thirty two of the acts of the present year.

For expenses incurred in connection with the prepa-
ration of tables and indexes relating to the statutes of the
present year and subsequent years, a sum not exceeding
three hundred dollars, as authorized by chapter two hun-
dred and thirty-eight of the acts of the present year.

For expenses in connection with furnishing blank forms
of returns, as authorized by chapter two hundred and
twenty-six of the acts of the present year, a sum not ex-
ceeding two hundred dollars.

For the salary of the first assistant district-attorney for
the Suffolk district, sixty -one dollars and eighty-three
cents, as authorized by chapter two hundred and forty -five
of the acts of the present year, in addition to the amount
heretofore appropriated.

For the salary of the second assistant district-attorney
for the Suffolk district, two hundred and ninety -one dollars
and sixty-seven cents, as authorized by chapter two hun-
dred and forty-five of the acts of the present year, in ad-
dition to the amount heretofore appropriated.

For expenses incurred in connection with the ventila-
tion of the state prison buildings at Concord, and the
disposal of sewage matter, as authorized by chapter sixty-

Indigent and
neglected chil-
dren.

Agricultural

experiment

station.

Burial ground
at reformatory
prison for
women.

OiBcers attend-
ing 8. J. O. in
Suffolk.

Tables and
indexes relating
to statutes.

Blank forms of
returns.

Assistant dis-
trict-attorney
for Suffolk.

Second assistant
district-attorney
for Suffolk.

State prison.

234

1882. — Chapter 273.

Reform school.

Doorkeepers,
etc., of senate
and house.

Reform school.

Printing and
binding the
Public t-tatutes.

Expenses of
committees.

Surgeon -
general.

Water supply
for state prison.

District police
force.

Taking of real
estate for use of
the various
departments.

Aiiulleration of
food and drugs.

five of the resolves of the year eighteen hundred and
eighty-one, nine hundred and forty-three dollars and fifty-
six cents.

For the current expenses of the state reform school at
Westborough, a sum not exceeding seven thousand dollars,
in addition to the amount heretofore appropriated.

Fur the compensation of the doorkeepers, messengers
and pages to the senate and house of representatives, a
sum not exceeding ten thousand dollars, in addition to the
amount heretofore appropriated.

For the payment of expenses incurred in the year eigh-
teen lumdred and eightj^-one at the state reform school,
one thousand and twenty-seven dolhirs and sixty-one cents.

For expenses incurred in connection with printing and
binding the new Public Statutes, twelve hundred and sev-
enty-two dollars and five cents, as authorized by chapter
seventy-three of the resolves of the year eighteen hundred
and eighty-one.

For the authorized expenses of committees of the pres-
ent legislature, the same to include clerical services, a sum
not exceeding four thousand dollars, in addition to the
amount heretofore appropriated.

For the contingent expenses of tiie surgeon-general, a
sum not exceeding one hundred dollars, the same to be in
addition to the amount heretofore appropriated.

For expenses incurred in connection with a contract for
suppljung the state prison at Concord with water for fire
purposes, as authorized by chapter forty-eight of the re-
solves of the year eighteen hundred and seventy-nine, one
thousand nine hundred and forty-seven dollars and ninety-
five cents.

For incidental and contingent expenses of the district
police force, a sum not exceeding five hundred dollars, in
addition to the amount heretofore appropriated.

For the payment of any expenses incurred in the pur-
chase or taking of any real estate to provide additional
accommodations for the various departments of the Com-
monwealth, as authorized by chapter two hundred and
sixty-two of the acts of the present year, a sum not ex-
ceetling one hundred and twenty thousand dollars; and
for fitting up the same for use, a sum not exceeding ten
thousand tlolhirs.

For the payment of expenses incurred in carrying out
the provisions of the act relating to the adulteration of
food and drugs, three thousanil dollars, as authorized by
chapter two hundred and sixty-three of the acts of the
present year.

1882. — Chapter 274.

235

For the compensation of representatives, one hundred Representa-
dolhirs in addition to the amount heretofore appropriated.
Section 2. This act shall take effect upon its passage.

Approved May 26, 1882.

An Act concerning transportation of logs and timber upon
the connecticut river.

Be it enacted, etc., as follows :

Section 1. The Connecticut River lumber company
is authorized to construct a boom upon the Connecticut
River, between the confluence of the Chicopee and Con-
necticut Rivers and the ferry next above said confluence,
which said boom shall be provided with openings and ap-
pliances for the passage of boats and steamers that ma}''
desire to pass through the same : provided, said company
shall not allow logs to collect or jam up on the falls between
Holyoke Dam and the Connecticut River railroad bridge
at Willimansett in the town of Chicopee.

Section 2. Section five of chapter ninety-four of the
Public Statutes is so amended that it shall apply only to
that portion of the Connecticut River below the confluence
of the Chicopee and Connecticut Rivers. The county
commissioners of the counties of Franklin and Hampshire
upon the petition of any parties in their respective coun-
ties maintaining ferries in said Connecticut River or of the
owner or owners of any steamboat or pleasuie boat regu-
larly plying in said river in said counties respectively after
such notice to the parties interested as said county com-
missioners shall deem proper shall determine the amount
of damages that shall be paid by said company to said
parties, or owner or owners, by reason of the floating or
driving of masts, spars or logs upon said river owned or
controlled by said company and not formed into rafts and
attended as provided in said section five, which amount
shall include the entire damage that shall be paid by said
company for the year ensuing from the date named in such
petition and shall be in lieu of all damages that shall be
caused to such owner or owners or such parties from said
cause, except wilful or malicious damages caused by said
company. Either party aggrieved by the decision of
said commissioners, fixing the amount of such damages, may
have a jury to determine the amount thereof in the man-
ner provided by the Public Statutes in the laying out and
discontinuance of ways. In case neither party petitions
to have such damages fixed, any person floating or driving
masts, spars or logs upon said river not formed into rafts

Chap.214:

May construct
a boom on
Connecticut
River.

Provisions of
P. S. to apply
only to river
below the
confluence of
Chicopee and
Connecticut
Rivers.

Determination
of damages.

Party aggrieved
may have a
jury.

236 1882. — Chapter 274.

and attended as provided in said section five shall pay all
damages done by such floating or driving, and all persons
who cause or permit such masts, spars or logs to be floated
or driven shall be jointly and severally liable for all such
damages to be recovered in an action of tort. This act
shall not aifect any existing rights nor confer any vested
rights, but shall be subject to amendment or revocation.
Section 3. This act shall take effect upon its passage.

Approved May 27, 1882.

1882. — Chapters 1, 2.

237

RESOLVES,

GENERAL AND SPECIAL.

Resolves confirming the acts and determining the rank of Chap. 1

CERTAIN COMMISSIONED OFFICERS OF THE MASSACHUSETTS
VOLUNTEER MILITIA.

Resolved^ That all acts of certain officers of the Massa-
chusetts volunteer militia done in their official capacities
between the twenty-eighth clay of April eighteen hundred
and eighty one and the date of the passage of this resolve,
who, under the opinion of the justices of the supreme
judicial court, dated January third eighteen hundred and
eighty-two, no longer continue to hold office, are hereby
made valid and confirmed to the same extent as if such
persons had been, during that time, duly qualified to dis-
charge the duties of their several offices.

Resolved^ That in case any such officer is re-elected or
re-appointed to fill the vacancy caused by the expiration
of his commission under said opinion, he shall take the
same rank as if he had continued to hold the same, and
his commission may be renewed accordingly ; and he may
be qualified and assigned to duty without appearing before
the examining board established under section fifty-two of
chapter two hundred and sixty-five of the acts of the year
eighteen hundred and seventy-eight.

Approved January 16, 1SS2.

Resolve relatve to the printing -of certain amendments

AND corrections OF THE PUBLIC STATUTES.

Resolved, That the persons appointed under authority
of chapter seventy- two of the resolves of the year eighteen
hundred and eighty-one (special session), to superintend
the printing of the Public Statutes, be and they are hereby
authorized and instructed to cause to be enclosed in
brackets in the printed volume of said statutes the several

Acts of certain
oflicers of the
militia made
valid.

Rank of offlcera
determined.

Chap. 2

Amendmei,t8,
etc., of thi*
Public Statutes
to be printed in
brackets.

238

1882. — Chapters 3, 4, 5.

portions thereof amended by an act of the present year,
entitled "An Act to correct certain errors in and to amend
the Public Statutes,'' and also to make suitable marginal
notes, showing that the amendments have been adopted,
and referring to said act, which they shall also cause to be
printed with this resolve, in the volume of the Public
Statutes, immediately following the indorsement of ap-
proval thereof by the governor.

Approved February i, 1882.

Chap. 3 Resolve authorizing the treasurer to borrow money in

ANTICIPATION OF THE REVENUE.

Resolved, That the treasurer and receiver-general be and
he is hereby authorized to borrow, in anticipation of the
receipts of the present year, such sums of money as may
be from time to time necessary for the pavment of the
ordinary demands on the treasuiy, at any time before the
expiration of fifteen days after the meeting of the general
court, at such rates of interest as shall be found necessary ;
and that he repay any sums he may borrow under this
resolve as soon as money sufficient for the purpose and not
otherwise appropriated shall be received into the treasury.

Approved February 6, 1882.

Treasurer may
borrow money
in anticipation
of the revenue.

Chap.

David B.
Tenney.

Chap.

Transfer to the

Erison and
ospital loan
uinliing fund.

Resolve in favor of david b. tenney, city treasurer of

havehhill.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth the sum of fifty dollars to
David B. Tenney, city treasurer of Haverhill, the same
being for an over payment by him to the treasury.

Approved February 14, 1882.

Resolve directing the transfer of certain sums of money

TO THE ritlSON and HOSPITAL LOAN SINKING FUND.

Resolved, That the treasurer is authorized and directed
to transfer fourteen thousand three hundred and ninety-
eight dollars and twenty-one cents, and thirteen hundred
and five dollars and fifiy-nine cents, the same being
balances standing to the credit of the accounts of the State
prisons loan, and Worcester lunatic hospital loan, re-
spectively, to the prison and hospital loan sinking fund ;
and said sums shall hereafter constitute a part of said
sinking fund, and shall be invested and used for the pur-
poses for which said fund was established.

Approved February 21, 1882.

1882. — Chapters 6, 7, 8, 9, 10.

239

Allowance to
overseers of
the poor of
Templeton.

Resolve in favor of the overseers of the poor of the Chap. 6

TOWN of templeton.

Resolved^ That there be allowed and paid out of the
treasury of the Commonwealth the sum of twenty-nine
dollars and fifty-seven cents to the overseers of the poor
of the town of Templeton, the same being for an amount
improperly paid by them into the treasury.

Approved February 21, 1882.

Resolve to provide for increasing the barn accommoda- Chap. 7

TIONS OF THE STATE ALMSHOUSE AT TEWKSBURY.

Resolved, That a sum not exceeding two thousand five
hundred dollars be allowed and paid out of the treasury
of the Commonwealth, to be expended under the direction
of the trustees of the state almshouse, for increasing the
barn accommodations of said institution.

Approved February 24, 1882.

Increased barn
accommoda-
tions at state
almshouse.

Resolve in favor of william magginnis.
Resolved., That there be allowed and paid out of the
treasury of the Commonwealth, to William Magginnis,
late of company A, of the first regiment of Massachusetts
cavalry, the sum of three hundred and twenty-five dollars
as state bounty ; being the amount which he would have
been entitled to receive had he been mustered into service
on the twenty-ninth day of December in the year eighteen
hundred and sixty-three. Approved February 28, 1882.

Resolve in favor of william freeman.
Resolved, That on and after the first day of March in
the year eighteen hundred and eighty-two, William Free-
man, a volunteer in the naval service of the ]Jnited States
during the war of the rebellion, shall be entitled to receive
the same military and state aid which he would have
been entitled to receive had his name during his service been
upon the rolls as part of the quota of the Commonwealth.

Approved February 28, 1882.

Resolve in favor of charles s. bolton.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to Charles S. Bolton, who
was a member of company H, of the seventeenth regiment
of Massachusetts volunteers, the sum of one hundred and
seven dollars and thirty-three cents, as arrears of state
bounty. Approved March 1, 1882.

Chap. 8

William Mag-
ginnis.

Chap. 9

William Free-
man.

Chap. 10

Charles S.
Bolton.

240

1882. — Chapters 11, 12, 13, U.

Allowance for
improvements
in basement of
state bouse.

Chap. 1 1 Resolve in favor of melzak w. coombs.

Meizar w. Resolvcd^ That there be allowed aud paid out of the

combs. treasury of the Commonwealth to Meizar W. Coombs, the

sum of three hundred dollars, to defray the necessary
expenses incurred, and as final compensation for permanent
injuries received in consequence of having his foot crushed
while in discharge of his duty as a member of battery C,
first battalion of liglit artillery, second brigade, of Massa-
chusetts volunteer militia, on the ninth day of September
in the year eighteen hundred and eighty-one.

Approved March 1, 1882.

Chap. 12 Resolve providing for the payment of certain bills in

CONNECTION WITH THE IMPROVEMENTS IN THE BASEMENT OF
THE STATE HOL'SE.

Resolved., That there be allowed aud paid out of the
treasury of the Commonwealth the sum of sixteen thou-
sand nine hundred and forty-seven dollars and twenty
cents, the same being for the payment of bills now due,
and on file in the auditor's department, having been
incurred for extra labor and material, in connection with
the improvements in the basement of the state house,
authorized by chapter sixty-eight of the resolves of the
5'ear eighteen hundred and eighty-one.

Approved March 5, 1882.

Chap. 13 Resolve in favor of the overseers of the poor of the

CITY OF new BEDFORD.

Resolved., That there be allowed and paid out of the
treasury of the Commonwealth to the overseers of tlie poor
of the city of New Bedford, three hundred and forty-six
dollars and seventy-one cents ; said sum having been paid,
under a mistake of facts, for the support of John Ormand
at the Taunton lunatic hospital, said Ormand having no
settlement in any city or town in this Commonwealth.

Approved March 16, 1882.

Chap. 14 Resolve in relation to the pdrchask of undivided por-
tions OF flats owned in part by the commonwealth.

Resolved, That the harbor and land commissioners are
authorized to purchase certain undivided interests in the
lands and flats lying near the northerly shore of South
Boston, between E Street extended and B Street, at an
expense not exceeding ten thousand dollars, in accordance
with the provisions of chapter four hundred and forty-six

Allowance to
the overseers
of the poor of
New Bedford.

May pure-base
undivlili'd
Inlert'HU in
flats, etc., near
nortlieily sboie
of South
BoBton.

1882. — Chapters 15, 16, 17, 18.

241

Chap. 15

Encampment of
the Grand
Army of the
Republic at the
stale camp-
ground.

Bill for incor-
poration, etc.,
of loan and
trust companies
by general law,
to be reported.

of the acts of the year eighteen himdred and sixty-nine ;
said sum to be paid from the Commonwealth flats im-
provement fund. Approved March 16, 1882.

Resolve authorizing the use of the state camp-ground

AT FRAMINGHAM BY THE GRAND ARMY" OF THE REPUBLIC.

Resolved, That the quartermaster-general, under the di-
rection of the commander-in-chief, be and he hereby is
authorized to permit the department of Massachusetts of
the grand army of the republic to use and occup}^ the
state camp-ground at Framingham, and its appurtenances,
for the purpose of a state encampment, at times when such
use and occupation will not interfere with the use of said
camp-ground by the militia. Approved March 21, 1882.

Resolve in relation to loan and trust companies. Chap. 16

Resolved, That so much of the annual report of the
commissioners of savings banks as relates to the enact-
ment of a general law for the incorporation and regulation
of loan and trust companies, be referred to the commis-
sioners of savings banks and the commissioner of corpora-
tions, with instructions to consider the subject and report
a bill therefor to the next general court.

Approved March 21, 1882.

Resolve providing for repairs upon the buildings of the Chap. 17

STATE NORMAL SCHOOL AT BRIDGEWATER.

Resolved, That there be allowed and paid out of the Repairs upon
treasury of the Commonwealth a sum not exceeding fifteen sch^oo"biri'idings
hundred dollars, for repairs upon the state normal school at Bridgewater.
buildings at Bridgewater ; the same to be expended under
the direction of the board of education.

Approved March 21, 1882.

Resolve in favor of the Massachusetts charitable eye Chan. 18

AND EAR INFIRMARY.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth ten thousand dollars to the
Massachusetts charitable eye and ear infirmary, to be
expended under the direction of the managers thereof for
the charitable purposes of said infirmary for the present
year ; and the said managers shall report to the state board
of health, lunacy and charity. Approved March 21, 1882.
31

Massachusetts
charitable eye
and ear in-
Jirmary.

242

1882. — Chapters 19,20,21,22.

Chap. 19 Resolve to provide for repairing the dwelling house of

SAMUEL C. CISCO AND SARAH M. CISCO, MEMBERS OF THE HAS-
SANAMISCO TRIBE OE INDIANS.

Samuel C. Cisco
and Small M.
Cisco.

Subject of
liability of em-
ployers for in-
juries received
by their em-
ployes.

Resolved., That there be allowed and paid out of the
treasury of the Commonwealth to the selectmen of the
town of Grafton, the sum of two hundred doHars, to be ex-
pended by them in repairing the dwelling house of Samuel
C. Cisco and Sarah M. Cisco, members of the Hassana-
misco tribe of Indians. Approved March 23, 1SS2.

Chap. 20 Resolve directing the bureau op statistics of labor to

INVESTIGATE THE LIABILITY OF EMPLOYERS FOR INJURIES RE-
CEIVED BY THEIR EMl'LOYES.

Resolved, That the bureau of statistics of labor investi-
gate the subject of the liability of employers to workmen
for injuries received while in the discharge of their duty,
and consider what changes, if any, are needed in the
existing laws relative to such liability, and embody the
results of such investigation and consideration in the four-
teenth annual report of said bureau : provided, such in-
vestigation can be conducted within the appropriation
already made for clerical and contingent expenses of said
bureau for the current year. Approved March 27, 1882.

Resolve in favor of fanny ross.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to P'anny Ross, of Cam-
bridge, widow of the late iMichael Ross, who was a
member of company B, forty-seventh regiment of jNIassa-
chusetts volunteers and re-enlisted in the fifty-ninth regi-
ment, and died in camp before being mustered in on said
re-enlistment, an annuity of two hundred dollars, for the
term of three years from the first day of January in the
year eighteen hundred and eighty-two, payable in equal
quarterly instalments. Approved March 27^ 1882.

Chap. 21

Fanny Ross.

Chap. 22 Resolve in favor of the state normal school at wiirces-

RopalrB at
stale iinrnial
school at
Worcester.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding one
thousand dollars for the repair of the building and im-
provement of the grounds of the state normal school at
Worcester; the same to be expended under the direction
of the board of education. Approved March 27, 1882.

1882. — Chapters 23, 24, 25, 26.

243

Chap. 23

Augustus N.
Davis.

Resolve in favor op Augustus n. davis.

Resolved., That there be allowed and paid out of the
treasury of the Commonwealth to Augustus N. Davis, the
sum of three hundred dollars, to defray the necessary ex-
penses incurred and as a compensation for permanent in-
juries received while in discharge of his duty as a member
of company H, first regiment of infantry, Massachusetts
volunteer militia, on the twenty-first day of September in
the year eighteen hundred and eighty-one.

Approved March 27, 1882.

Resolve in favor of william b. f. whall. Chap. 24

Resolved., That there be allowed and paid out of the wiiuamB. f.
treasury of the Commonwealth the sum of one hundred ^^'*'*"-
dollars to William B. F. Whall, the same being for services
as clerk of the joint special committee to prepare a copy
of the Public Statutes for enactment.

Approved March 27, 1882.

Chap. 25

Allowance to
the town of
Quincy.

Resolve in favor of the town of quincy.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth to the town of Quincy, the
sum of one hundred and thirty-seven dollars and twenty-
five cents, being the amount due said town from the Com-
monwealth for temporary aid furnished state piiupers
resident in said town, in the year eighteen hundred and
seventy-nine. Approved March 27, 1882.

Resolve providing for an abstract op the social and Chap. 26
industrial statistics op the commonwealth as collected
IN the tenth united states census.

Resolved, That for the purpose of enabling the bureau
of statistics of labor to complete an abstract of the social
and industrial statistics of the Commonwealth collected in
the tenth United States census, the chief of said bureau is
authorized to expend, for clerical assistance and contingent
expenses, a sum not exceeding one thousand dollars, in
addition to the amount now authorized by law for the
expenses of said bureau. Said abstract shall be published
as a part of or as a supplement to the thirteenth annual
report of said bureau, and shall contain the social, agri-
cultural and manufacturing statistics of the several cities
and towns of the Commonwealth.

Approved March 28, 1882.

Social and
industrial sta-
tistics of the
Commonwealth
to be printed,
etc.

244

1882. — Chapters 27, 28, 29, 30.

Chap. 27 Resolve granting the committee on printing power to sell

THE commonwealth's TYPE USED IN THE PUBLICATION OF
THE PUBLIC STATUTES.

Type used in
publication of
tiie I'lihlic Stat-
utes to be sold.

Chap. 28

Townof Cliarle-
mout.

Chap. 29

John Ford.

Resolved^ That the committee on printing are hereby
authorized to dispose of the Commonwealtli's type, used
in the publication of the Public Statutes, in such manner
as their best judgment may determine, and if deemed
expedient they may employ the services of some auctioneer ;
and shall forthwith make a statement of their transaction
to the treasurer of the Commonwealth, who shall receive
from the purchaser or purchasers of the same the amount
of the purchase money thereof, and shall therefrom pay
the expenses of such sale. Ap^noved March 28, 1882.

Resolve in favor of the town op charlemont.

Resolved^ That there be allowed and paid out of the
treasury of the Commonwealth the sum of three hundred
and eighty-six dollars and fift}^ cents to the town of Charle-
mont, the same being in full settlement for support and
assistance rendered Michael Dardis, John Foley and John
Farrell, state paupers, during the period from the eleventh
day of August in the year eighteen hundred and seventy-
five to the eighth day of February in the year eighteen
hundred and seventy -six. Approved March 28, 1882.

Resolve in favor of john ford.

Resolved., That the treasurer of the county of Middlesex
be and he is hereby authorized and required to refund and
pay over to John Ford the amount of eight hundred and
eighty dollars and eighty-one cents, which said amount
was received and is now in the treasury of said county,
having been paid by said Ford on account of a judgment
and execution in favor of the Commonwealth against him
as surety on a forfeited recognizance ; said Ford having
since said payment caused his principal to be sunendered
and sentenced. Approved March 30, 1882.

Chap. 30 Resolve confirming the awards of arbitrators, under
agreements made by the manager of the troy and green-
field railroad and IIOOSAO tunnel with AUSTIN DkWOLF,
LATHROP T. SMITH, JOSEPH D. NEWTON AND PATRICK T.
O'REILLY.

Awards of
Hrbliratori con-
firmed.

Resolved, That the several awards made by Edmund H.
Bennett, Joseph O. I'roctor and Justin Dewey, in pur-
suance of the following agreements for arbitration, namely :

1882. — Chapters 31,32. 245

— an agreement between the manager of the Troy and
Greenfield Raih'oad and Hoosac Tunnel and Austin
DeWolf ; an agreement between said manager and Lathrop
T. Smith ; an agreement between said manager and Joseph
D. Newton ; and an agreement between said manager and
Patrick T. O'Reilly; — all for the adjustment of damages
occasioned by the taking of land in Greenfield for the Troy
and Greenfield Railroad, are approved, ratified and con-
firmed, and said manager is authorized, in accordance with
the award made under the last named agreement, to
release to said Patrick T. O'Reilly all the rights of the
Commonwealth in a strip of land situated between the
dwelling liouse of said O'Reilly and the fence now in front
thereof, said fence being twenty-seven and two-tenths feet
from the westerly corner of the brick foundation of said
dwelling house, and thirty-four and six-tenths feet from
the easterly corner of said brick foundation, in both cases
measured by extending the side lines of said dwelling
house straight to the said fence. The said parties having
elected to retain their respective rights of drainage, drains
shall be maintained by the Commonwealth and its assigns
as provided in said awards. Said awards shall be recorded
in the registry of deeds for the county of Franklin.

Approved March 30, 1882.

Resolve providing for the printing of additional copies Chap. 31
OF the report of the trustees of the agricultural
college.

Resolved., That there be printed five hundred additional Report of true-
copies of the report of the trustees of the agricultural col- lurarcoulge""
lege for the year eighteen hundred and eighty-one, for the
use of that institution. Approved March 30, 1882.

Resolve providing for the publication of a new edition Chap. 32
OF the statutes relating to public schools.

Resolved, That an amount not exceeding five hundred statutes reiat-
dollars be allowed and paid out of the treasury of the gehooiFtobe
Commonwealth for the purpose of printing, for the use of primed, etc.
the cities and towns, three thousand copies of the edition
of the Public Statutes relating to the public schools, to-
gether with the decisions of the supreme judicial court
relating thereto ; said amount to be expended under the
direction of the board of education.

Approved March 30, 1882.

246

1882. — Chapters 33, 34, 35, 36.

Chap. 33 Resolve authorizing the trustees of the state lunatic

HOSPITAL AT TAUNTON TO EXCHANGE LAND WITH THE OLD
COLONY RAILROAD COMPANY.

Trufftoes of
lunatic liospital
at T.'iunloii may
exchaii}:^ land
with Old Colony
Railroad.

Chap. 34

Rice and
Hutchins.

Towns of Otis,
Kandistield and
Tolland.

Resolved., That the trustees of the state lunatic hospital
at Taunton are hereby authorized to exchange a strip of
land on the west side of the hospital farm, containing four
or five acres more or less, for a tract of land of substan-
tially the same extent belonging to the Old Colony Rail-
road Company. Approved March 30, 1882.

Resolve in favor of rice and hutchins.

Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth the sum of ten hundred and
seventj'-eight dollars and ninety-two cents, to the. firm of
Rice and Hutchins, the same being for certain money over-
j)aid by them for labor of certain convicts in the state
prison, and interest thereon. Approved April 1, 1882.

Chap. 35 Resolve in favor of the towns of otis, sandisfield and

TOLLAND.

Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth to the following named towns,
respectively, the sums herein below set against their names,
in're-imbursement of payments made towards the construc-
tion of the Lee and New Haven Railroad, in consequence
of the proposed loan of three hundred thousand dollars
by the Commonwealth, under cliapter three hundred and
thirteen of the acts of the year eighteen hundred and six-
ty-eight, and the supposed renewal thereof b}' chapter three
hundred and eighty-seven of the acts of the year eighteen
hundred and seventy : —

Otis, sixteen thousand dollars; Sandisfield, twenty-four
thousand dollars ; Tolland, fifteen thousand dollars.

Ap2)roved April 5, 1882.

Chap. 36 Resolve providing for the painting of the buildings of the

STATE primary SCHOOL AT MONSON.

Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth a sum not exceeding twenty-
five hundred dollars, for painting the buildings of the
state primary school at Monson ; tlie same to be expended
under the direction of the trustees of that institution.

Approved April 5. 1882.

State primary
school at
Monuon.

1882. — Chapters 37, 38, 39, 40.

247

Resolve relating to the wau kecords in the department Chap. 37

OF THE ADJDTANT-GENERAL.

Resolved, That the adjutant-general is authorized to con- t^g^dt^partmen"
tinue the work on the war records in his department, au- of uie adjutant
thorized by chapter thirty-eight of the resolves of the year
eighteen hundred and eighty-one, at an expense, during
the present year, not exceeding two thousand dollars.

Approved April 5, 1882.

general.

children of
Clement L.
Capron.

Resolve in favor of jennie s. capron and the children of Chap.

CLEMENT L. CAPRON.

Resolved, That there be allowed and paid out of the Allowance to
treasury of the Commonwealth to Jennie S. Capron, of clpron^and the
North Adams, widow of the late Clement L. Capron, who
was killed at said North Adams on the second day of
November, in the year eighteen hundred and eighty, by
the careless switching of the cars of the Tro}^ and Green-
field Railroad, the sum of three hundred dollars ; and in
addition thereto, during the period of four years from and
after the first day of January in the year eighteen hundred
and eighty-three, should she so long survive, in equal quar-
terly payments, an annuity of three hundred dollars per
annum; and in case of her decease or marriage during the
said term the same shall be paid to the legally appointed
guardian or guardians of the children of said Clement L.
Capron. Approved April 10, 1882.

Resolve in favor of samuel hillman.
Resolved, That there be allowed and paid out of the
treasury of the Commonwealth, to Samuel Hillman of North
Adams, an annuity of one hundred and twent^^-five dollars,
for the term of five years from the first day of January in
the year eighteen hundred and eighty-two, for injuries sus-
tained while employed at the Hoosac Tunnel ; the cause
of said injury being an explosion of glycerine which had
been carelessly left by employes of the Commonwealth.

Approved April 14, 1882.

Resolve in favor of james burke.
Resolved, That there be allowed and paid out of the treas-
ury of the Commonwealth, to James Burke of Turner's
Falls, an annuity of one hundred dollars for the term of
five years from the first day of January in the year eigh-
teen hundred and eighty-two, in equal quarterly payments,
on account of injuries received in the Hoosac Tunnel while
in the employment of the Commonwealth.

Approved April 19, 1882.

Chap. 39

Annuity to
Samuel Hill-
man.

Chap. 40

Annuity to
James Burke.

'^48 188'2. — (;iiAi-Ti;us 1 1 , 42, 4:J, 44.

(Jiap. 41 HkH0I,\ K 1{II.AIIN(J TO TlIK SIcrAKATIO IK )MiK( H'ATIIK: TKKATMKNT

OV INSANE PKKSON.S.

IToni(i'0|mllilc TicHdlvrd^ 'I'llilt (llC ^OVdnior Ulld (U)Ullcil 1)(! l(Mlll('St('(l

inBuiui'.' "" ' ' "" 1<) ('(tiisidcr IIm! (ixpcdiciicy of ])i()vi(liiit,^ scpiUiito lioiiHro-
j)!illiic tiT.iliiHMil. of iiisiiiK^ jiersoiis uiidci' the care of tliG
( 'omnioiiwcMllli, who sli;dl d(!sii-o such trcatnu'nt. ; and in
<!iis(' llicy sli;dl dclciiiiiiic lliaf the same is dosiral)le tliey
are re(|ii('sl(;d to picsciit lo \\n\ next f^eneral coiirl some
praxtlicahhi ])laii for 1 he cslaljlishiiicnt of a hospital lor such
treat men 1, and they may set apart or reserv(! for the j)ur-
l)os(! the whole or a poi'lioii of any hiiilding belonging to
the Common weal 111 which is unoccupied or may become
vacaid durini;' (he present year.

Approved April 10, 1S82.

(^/ifin. \'J lii'Soi VI' IN I'woi; oi' nil dis aulkd somhki;^' imimoymknt

UUIU'.AII.

iuhmm.,! Hoi lirsolvnl. That, theio be allowed and paid out of tiie

nnni; iMi'iI'i.i?. trcasuiy of t h(! ( 'ominouwealth to the disabled soldiers'
employment, bureau, the sum of two thousand dollars:
provklrd, that, i\\v.H', shall not be; paid to the superintend-
ent of said bureau, as a salary for the current year, a sum
exceeding twelve hundred dollars.

^l])2}roved April I'i, 1882.

Chap. -V^ Kr.sor-VR in pa von op the state lunatic hospital at danvers.

i.tiimiir iiuH|.i lirHolvcd, That thei'e bo allowed and paid out of tlie

'"'"' """^•"' Irciisury of the Connnonweallh to tlu^ trustees of the state
lunatic hos|iital at Danveis, the sum of twenty-live thou-
sand dollars, for the ciinenl expenses of said hos|)ital, and
It) uu'etdclicienccs of the year eighteiMi hundred and eighty-
oiKi : proridni, thai scveulcen thousand dollars of this sum
be a])plied to meet said delieicueit'S.

Apj)roved Mny i, 1882.

Chop. 44 Kk.solvk in ur.oAKu TO AunirioNAi, cLKKicAL assistance at

IIIK SI'ArK IMUSON AT CONCOKD.

(^icrioiii mmhIhi /ii's<ilri(L Thai llie waiden of lln> stale prison at Con-

I'li'iHoii! *""" cord is ant h(ui/,cd lo employ additional clerical assistance

for su(di time during the present year as he may tiiid

necessary, at. an ex|ieiise not exceeding twel\c himdied

<lolhirs. .Ijtprond Mni/ l\ 1882.

1882. — CiiAi'TiiKs 45, ir>, 47, 48. ?49

ReSOLVK in KAVOli (»!' rillC STAI'I'. MINATIC IIOSl'll'A I, A I' lA UN l( )N. (J/l((ff. \i')

Iicso/rcd, Tliiil. i\\vvc. Uv iillowcd iuid paid out, of Iho i,i„mii« lu.Rpi.
li-oasury ofllio ( 'oimiioiiwcaltli, to Ww. Iruslccs of (Ik^ sialic iuiuirm.nu.n.
lunatic liospitul iit 'ramilon, twelve llioiisand livc^ lniii-
drod dollars, to he ('X|)(>iid('d for I lie foilowint;- |)iir|)os('S : —
'rvvciity-live liiiiidicd dollars for the eoiiiplctioii of the rear
extension of tlu^ cenlre hnildinn- of Hit! hospital, aulhoriztid
by ohapt-er si\l y-i'onr of the resolves of the vear eii^hleen
hundred and ei^hly-one ; eii^ht ihousaiid dullars for the
])urehas(! oi' a lra(;t of ahout liv(! aeics of la.nd,\villi the
l)uildin<i^s thereon, adjoinino- tlui rear boundary line of (he
grounds of said hospital ; and (he reniaindei' for fenrini;' an<l
iuijjrovini;- the land so pnrehased.

.l/i])r(>rv(l A/<ii/ 7, /.s's'i*.

KkSOI.VK in I'AVoK <l|' llll, S PA I IC I.IINAIIC OoSrirAI. AT Cjidn, 1()
AVOIJCKSIKIt.

Jicsolvctl, That there he allowed and paid ont> of the i.mmiio
treasury of tho Commonweal th to the trustees of the state w7.rc'(!«ior.
lunatic! h(»s[»ital at VVoruestcr, ten thousand dollars, to bo
expended lor furnishini;' to said la^spilal additional water
suj>ply for i)i-ot('eti(»n against, liic and for other jmiposes.

Approved May •./, lb\S'J.

RkSOI.VK UKI-AIIVK TO PTSPKNSINO WITH TUK OltADE CUOSSINr.S OK (J/uiJ). 47
UAILKOAUS IN TIIIC NOUTUKHLY TAltT OK THK OriV OK liOSION.

Itcnolvcd^ That the board of railroad commissioners bo Uuiir.m<i ni>m-
directed to in(|uirc iu(o the jiracticability and ex[)i!(lieiu;y p!!rru?K.'.nonii
of causing all the railroad corporations whoso railroads, j',',''''',.M',i',''rlo»«.
operated by steam i)ower, entcj' into tlu; iH)rth(!rly |)art, of ihks,,i n.iiromiN
the city of Boston, to dispense with tlu; grade crossings of pan, i.rH.mu.n,
su(di railroads; and that, said board report U[)on said sid)-
jcct to the luixt general court, with sin-h suggestions as to
suitable legislation to ac(;omplish the purposes indicated,
cither in whoh^ or in ])art., as t,o said board uuiy seem (sx-
])edicuit,. Approved May 10^ ISS2.

IllCSOLVK IN KAVOIC OK lUOlMAS l\ MANKY. Chaj>.

Jiesolvcd^ That; there be allowed :iiid paid out, of the riionmH k.
ti'easury of tlu; ("onunonweallh to 4'honias l\ Maney, tin; '^''"">
sum of three hundred dollars, in lull for labor done at and
about the stale prison a,t Concord.

Approved May 10, ISS'J.

250

1882. — Chai>t£r,s 49, 50.

Chap. 49 Resolve in favor of the Massachusetts agkicultdral col-

lege.

Massachusetts

Agricultural

College.

Chap, 50

County taxes
granted.

Resolved^ That there be allowed and paid out of the treas-
ury of the Commonwealth to the trustees of the Massa-
chusetts agricultural college, nine thousand dollars, to
be expended under the direction of said trustees in the
following manner: four thousand dollars for making re-
pairs on the college buildings belonging to the Common-
Avealth, and five thousand dollars for the erection of a drill
house for the military instruction of the students of the
college. The payment of said sums shall be made upon
bills for work done and materials furnished for the pur-
poses herein specified, which shall be approved by said trus-
tees and allowed by the auditor of the Commonwealth.

Approved May 12, 1882.

Resolve granting county taxes.

Resolved, That the sums placed against the names of the
several counties in the following schedule are granted as a
tax for each county, respectively, to be collected and ap-
plied according to law : — Barnstable, seventeen thousand
dollars, provided that not less than thirty-eight hundred
dollars thereof be applied to the reduction of the existing
debt of said county ; Berkshire, sixty-five thousand dol-
lars, provided that not less than ten thousand dollars there-
of be applied to the reduction of the existing debt of said
county ; Bristol, one hundred and ten thousand nine hun-
dred dollars, provided that six thousand dollars thereof be
applied to the reduction of the existing debt of said coun-
ty; Dukes, seven thousand three hundred dollars, provid-
ed that not less than one thousand dollars thereof be
applied to the reduction of the existing debt of said county ;
Essex, one hundred and fifty-three thousand seven hundred
dollars, provided that not less than thirty-two thousand
dollars thereof be applied to the reduction of the existing
debt of said county; Franklin, twenty-eight thousand dol-
lars, provided that not less than two thousand dollars
thereof be applied to the reduction of the existing debt of
said count}^ Hampden, seventy-seven thousand dollars;
Hampshire, thirty-eight thousand dollars, provided that
not less than one thousand dollars thereof be ai^plied to
the reduction of the existing debt of said county ; Middle-
sex, one hundred and twenty thousand dollars; Norfolk,
sixty-two thousand dollars; Plymouth, forty-five thousand
dollars ; Worcester, one hundred and ten thousand dollars.

Aj)2)roved May 12, 1882.

1882. — Chapters 51, 52, 53, 54, 55.

251

School for
idiotic and
feeble-minded
youth.

Memorial of
Col. Robert G.
S^haw \ipon the
state house
grounds.

Resolve in favor of the Massachusetts school for idiotic Chap. 51

AND FEKBLE-MINDED YOUTH.

Resolved., That there be allowed and paid out of the
trea.sury of the Cominonwealtli to the trustees of the
Massachusetts school for idiotic and feeble-minded 3'outh,
four thousand five hundred dollars, to be expended by
them in providing their buildings with proper facilities for
security against fire. Approved May 16, 1882.

Resolve authorizing the placing of a memorial of the Chap. 52

LATE COLONEL ROBERT G. SHAW UPON THE STATE HOUSE
GROUNDS.

Resolved, That the commissioners on the state house be
authorized to grant permission to the Shaw monument
committee to place upon the state house grounds an eques-
trian alto-relief, in bronze, of the late Robert G. Shaw,
colonel of the fifty-fourth regiment, Massachusetts volun-
teers. Approved May 16, 1882.

Resolve providing for the compensation of an additional Chap. Do

AGENT OF THE BOARD OF EDUCATION.

Resolved, That there be allowed and paid out of the
treasury of the Commonwealth a sum not exceeding
twenty-seven hundred dollars, in addition to the amount
now authorized by law, to enable the board of education
to employ an additional agent for the year eighteen hun-
dred and eighty-two. Approved May 16, 1882.

Resolve in favor of the state normal school at framing- Chcij). 54

ham.

Resolved, That there be allowed and paid from the
treasury of the Commonwealth, a sum not exceeding one
thousand one hundred and seventy dollars for blackboards,
painting and other necessary repairs upon the buildings of
the state noimal school at Framingham ; the same to be
expended under the direction of the board of education.

Approved May 19, 1882.

Resolve in favok of priscilla freeman.

Resolved, That there be allowed and paid out of the
appropriation for the present year for the compensation
and expenses of the commissioners on inland fisheries, to
Priscilla Freeman, the sum of five hundred dollars, which
sum shall be in full of all claims of every kind whatsoever
of said Priscilla Freeman against the Commonwealth.

Approved May 19, 1882.

Agent of the
board of edu-
cation.

Normal school
at Framingham.

Chap. 55

Priscilla Free-
man.

2o2

1882. — Chapters 56,57.

Chap. 56 Resolve providing for the purchase of paper for the

COMMONWEALTH.

Resolved., That on and after the first day of July in the
year eighteen hundred and eight3'-two the secretary of
the Commonwealth is authorized to purchase tiie paper
used in the execution of the contract for the state print-
ing, at the lowest market prices for the same : pj-ovided,
that each purchase shall be subject to the approval of the
governor and council ; and bills for the same, in each case,
shall be exhibited as vouchers, which shall be audited as
required by law; and such bills shall be approved by the
governor and council. Approved May 23, 1882.

Paper lined
under contract
for priming to
be purchased
by the secretary
of the Common-
■wealth.

Chap.

,57 Resolve in relation to the state printing, and contract

FOR the same.

State printing; to
be done under
contract for a
term of five
years.

Resolved, That the chairman of the committee on printing
on the part of the senate, the chairman of said committee on
the part of the house of representatives, the secretary, the
treasurer, and the auditor of the Commonwealth, the clerk
of the senate and the clerk of the house of representatives,
are directed to advertise for proposals for the execution of
all the printing for the several departments of the govern-
ment of the Commonwealth, for a term of five years from
the first day of July in the year eighteen hundred and
eighty-two, in substantial accordance with the terms of
the form of contract herewith submitted and made a part
of this resolve ; they shall take into consideration the cir-
cumstances and facilities of the several bidders for doing
the work as well as the terms offered ; they may reject any
bids received, and they shall award the contract to such
bidder as in their judgment the interests of the Common-
wealth may require ; and they may execute such contract
in the name and behalf of the Commonwealth. Bonds
satisfactory to the said officers, to an amount not less than
ten thousand dollars, shall be given by the party to whom
such contract is awarded, for the faithful performance of
the contract.

The contract made by virtue of this resolve shall em-
brace all of the provisions contained in the following form
of contract, and such other and further provisions as shall
be agreed upon by the parties and approved by the gov-
ernor and council, not inconsistent with any of the pro-
visions contained in said form of contract.

1882. — Chapter 57. 253

FORM OF CONTRACT. Form of con-

tract.

This agreement entered into this day of

A.D. 1882, by and between the Commonwealth of Massa-
chusetts acting- by the Chairman of the Committee on
Piinting on the part of the Senate and the Chairman of
said Committee on the part of the House of Representa-
tives, the Secretary, the Treasurer and the Auditor of the
Commonwealth, the Clerk of the Senate and the Clerk
of the House of Representatives, of the first part, and

of in the

Commonwealth, printers, of the second part, witnesseth, —

1. The parties of the second part promise to and agree
with the party of the first part that they will, in a prompt,
faithful and workmanlike manner, do and perform all the
printing and other work required by the terms of this con-
tract for the various departments of the government of the
Commonwealth, from the first day of July, A.D. 1882,
until the first day of July, A.D. 1887 ; that they will in
all cases give precedence to the work to be performed and
furnished hereunder over any and all other similar work
performed or furnished by them ; that they will perform
said printing and perform and furnish the work hereunder
for the said departments, at the following rates and prices
and upon the following terms, which shall be in full com-
pensation and satisfaction for all printing and other work
performed or furnished as herein provided for, to wit : —

COMPOSITION.

For all book and pamphlet work whether of one or
more leaves, cents for each and every thousand ems ;

for tabular and column work, being that for which the
workman is entitled to extra pay at the rate of one and a
half price, cents for each and every thousand

ems: for rule and figure work, being that for which the
workman is entitled to extra pay at the rate of double
price, cents for each and every thousand ems.

BOOK AND PAMPHLET PRESS WORK.

For medium size, cents for five hundred copies,

and at the same rate for fractional parts of five hundred ;
sizes smaller than medium to rale as medium; for double
medium size, double the rates for medium size.

254 1882. — Chapter 57.

Form of con- PRINTING SUPER-ROYAL WRITING SHEETS. OR SMALLER SIZES LARGER

tract.

THAN FOLIO POST.

For one ream printed on one side,
For one ream printed on both sides on one form,
For one ream printed on both sides on two forms,
For each additional ream printed on one side.
For each additional ream printed on both sides,
Additional parts of reams pro rata of the additional
ream rate.

PRINTING FOLIO POST SHEETS OR SMALLER SIZES LARGER THAN
CAP (fourteen by SEVENTEEN INCHES).

For one ream printed on one side.
For one ream printed on both sides on one form,
For one ream printed on both sides on two forms,
For each additional ream printed on one side.
For each additional ream printed on both sides.
Additional parts of reams joro rata of the additional
ream rate.

PRINTING CAP SHEETS (FOURTEEN BY SEVENTEKN INCHES), OR
SMALLER SIZES LARGER THAN NOTE SHEETS.

For one ream printed on one side,
For one ream printed on both sides on one form.
For one ream printed on both sides on two forms,
For each additional ream printed on one side.
For each additional ream printed on both sides,
Additional parts of reams pro rata of the additional
ream rate.

PRINTING SHEETS OR PARTS OF SHEETS ONE-FOURTH SIZE OF
FOLIO POST (eight AND A HALF BY ELEVEN INCHES), OR
SMALLER.

For one hundred sheets or less printed on one side.

For one hundred sheets or less printed on both sides, .

For each additional one hundred sheets printed on one
side.

For each additional one hundred sheets printed on both
sides,

1882. — Chapter 57. 255

EXTRA WORK. frac^"^'""'

For extra work (except blank work for which no extra
charge shall be made) caused by changes and alterations
from copy, cents per hour shall be charged and

paid, and for work required to be performed at night after
usual business hours during the session of the legislature,
cents per hour shall be charged and paid ; for other
work for which the workman is entitled to extra pay the
increase of rate shall be in accordance with the rules in
De Vinne's Price List, edition of 1871 ; which book shall
also be the authority to determine what work shall class as
price and a half and double price work, and also any ques-
tions of a technical character arising under this contract.
The prices mentioned in this section for extra work are
to be allowed for each workman so employed, and in addi-
tion to the prices stipulated in this contract for composi-
tion and press work.

2. Said parties of the second part further agree that
they will fold, stitch, and bind, as directed by the several
departments of the Commonwealth, all pamphlets and
other documents which may need it, — the same to be done
at the lowest market rates as done by first class binders ;
that they will furnish plans, plates, and engravings, except
for engraved bonds, engraved checks and work of a simi-
lar character, when required by any deparlment, also at
the lowest market rates ; and when either of said classes
of work is performed or furnished by parties other than
the parties of the second part, the same shall be furnished
to the Commonwealth at actual cost and at the lowest
market prices, and the bills for the same shall in all cases
be produced as vouchers for such work ; and when such
work is so furnished by other parties, there shall be allowed
a commission to the parties of the second part not exceed-
ing five per centum upon said actual cost and market rates.

3. And the said parties of the second part further
agree —

(a) That all work not herein specified shall be done at
the current rates of first class printing houses, except
where the same can be determined prorata by reference to
the terms of this contract ;

(5) That jobs properly requiring changes on press shall
not be charged as separate jobs but by time required for
changes, and in no case to exceed their price as separate
jobs ;

256 1882. — Chapter 57.

Form of con- quires of printing paper to a ream shall be returned in
perfect printed work, and the full number ordered shall
be made to hold out, — the surplus outside quires to the
ream to belong to the parties of the second part, for the
purpose of making the copies hold out as ordered, and
"waste sheets. Ten per cent, of envelopes and five per
cent, of cards or other stock shall be allowed to the par-
ties of the second part, for waste and for making orders
hold out in full supply ;

(c?) That the}' will receive the paper or other stock fur-
nished by the Commonwealth in such quantities as shall
be convenient for supplying the work in progress, and will
accept per month in full satisfaction for storage,

care of and responsibility for safe keeping of the same
(but not for insurance against fire) ;

(e) That all rates for press work or printing stated in
this contract shall include dry pressing and completing in
workmanlike manner, and delivering, and no extra charge
shall be made for proofs ;

(/) And that two hundred and fifty sheets of paper
printed on one or both sides shall be computed as onl}'' one
token, and if the number ordered at any time shall be less
than one token it shall be computed as a full token.

• 4. The said Commonwealth, by said parties of the first
part in its behalf, agrees to give to said parties of the
second part all the printing and other work to be per-
formed by the terms of this contract for the several depart-
ments of the government of tlie Commonwealth for the
term, at the prices, and on the terms and conditions,
enumerated in this contract; to examine the accounts as
presented by the said parties of the second part from time
to time, for the work or materials completed or furnished
hereunder ; and conditionally, upon the faithful perform-
ance of the terms of this contract by the parties of the
second part, to pay said accounts as soon as may be after
they are audited and a warrant issued therefor, as required
by law, by the governor and council.

5. It is understood and agreed that this contract shall
not apply to or include envelopes with printing upon them,
letter paper with printed headings, blank books, or any
forms or blanks used in the various departments of the
Commonwealth, in which printed matter occurs, unless
the printing covers one-half or more of the entire surface
of the sheet; and shall not apply to or include any print-
ing from such engraved plates as, by the preceding terms
of this contract, the parties of the second part are not re-
quired to furnish. Approved May 26 1882.

1882. — Chapters 58, 59, 60, 61. 25T

Resolve authorizing an expenditqrk fok exterminating Chap. 58

CONTAGIOUS diseases AMONG HORSES AND CATTLE.

Resolved^ That there be allowed and paid out of the contatdoua die.
treasury of the Commonwealth a sum not exceeding two horses^and^
thousand dollars, to be expended under the direction of cattle.
tlie cattle commissioners for the purpose of exterminating
contagious diseases among horses and cattle in the Com-
monwealth. Approved May 26, 1882.

Resolve providing for painting the state house, and mak- Chap. 59

ING repairs in and ABOUT THE SAME.

Resolved, That there be allowed and paid out of the Repairs upon
treasury of the Commonwealth, a sum not exceeding '^•^'^ ^^"^ ''«"*«■
seventeen thousand dollars, for the purpose of painting
the outside of the state house, and making other necessary
repairs in and about the same ; to be expended under the
direction of the sergeant-at-arms and the commissioners
on the state house. Approved May 26, 1882.

Resolve in favor of the state prison at concord. Chap. 60

Resolved, That there be allowed and paid out of the state piuon at
treasury of the Commonwealth a sum not exceeding '"°"<'°'"''-
seventeen thousand dollars, to be expended under the
direction of the commissioners of prisons at the state prison
at Concord, for the following purposes, to wit : three thou-
sand dollars for building a stable ; three thousand dollars
for the disposal of sewage matter ; twenty-five hundred
dollars for repairs on the prison buildings; two thousand
dollars for furnishing the residence of the warden; three
thousand five hundred dollars for a laundry and for im-
provement of the bathing facilities of the prison ; and
three thousand dollars for the construction of a, reservoir,
and for pipe and piping to secure better protection against
fire. Approved May 26, 1882.

Resolves for the publication of the reports of cases of Chap. 61

CONTESTED ELECTIONS.

Resolved, That the president of the senate and the Reports of
speaker of the house of representatives are authorized and lest^i^VfiectToun
requested to appoint two suitable persons, to prepare and to be published,
publish an edition of the reports of contested elections of
the legislature from the year eighteen hundred and fifty-
three to the year eighteen hundred and eighty-two inclu-
sive, witli a suitable index thereto, and they shall fix the
compensation of the persons so appointed.

258 1882. — Chapter 61.

Resolved^ That the persons so appointed shall include in
or append to the publication hereby authorized all opinions
given by the supreme judicial court relating to such elec-
tions.

liesolved. That the number of copies of the publication
hereby authorized shall not exceed one thousand, and
shall be distributed as follows ; one copy shall be furnished
to each public library in the Commonwealth, and one copy
to each town in which there is no public library, and the
remainder shall be distributed in such manner as the presi-
dent of the senate and the speaker of the house of repre-
sentatives may determine ; and the total expense of prepar-
ing and publishing said reports shall not exceed the sum
of twelve hundred dollars. Approved May 26, 1882.

The General Court of 1882, during its annual session, passed two
hundred and seventy-four Acts and sixty-one Resolves, which received
the approval of his Excellency the Governor. In addition to these,
an Act entitled "An Act to regulate the practise of dentistry," was
laid before the Governor, for his approval, and was returned by him to
the Senate, in which it originated, with his objections thereto. The
Senate proceeded to reconsider the same agreeably to the provisions of
the Constitution, and the vote being taken on passing said Act, the
objections of the Governor to the contrary notwithstanding, the same
was rejected, two-thirds of the members present and voting thereon
not having voted in the aifii'mative.

The General Court was prorogued on Saturday, May 27, the session
having occupied one hundred and forty-four days.

Governor's Address. 259

INAUGUEAL ADDEESS

HIS EXCELLENCY JOHN D. LONG.

At twelve o'clock on Thursday, the fifth day of January,
his Excellency the Governor, accompanied by his Honor the
Lieutenant-Governor, the members of the Executive Coun-
cil, and ofiicers of the civil and military departments of
the government, attended by a joint committee of the two
Houses, met the Senate and House of Representatives in
convention, and delivered the following

ADDRESS.

Members of the Senate and of

the House of Representatives.

I call your attention at once to the financial exhibit, the
figures of which, as well as those relating to other interests
of the State, have been, as usual, furnished by the respec-
tive departments to which they relate.

THE PUBLIC DEBT.

Amount Jan. 1, 1881 ^32,799,464 00

Paid Harbor Improvement Loan .... 400,000 00

Amount Jan. 1, 1882 $32,399,464 00

SINKING FUNDS.

Amount Jan. 1, 1882 !|14,285,781 64

Amount Jan. 1, 1881 13,050,192 20

Increase 11,235,589 44

260 Governor's Address.

COMPARATIVE RESULTS.

1881. 1880.

Ordinary expenses . . . |1, 601, 501 98 $1,594,174 89
Exceptional expenses . . . 5,240,875 08 4,532,258 68

Totals $6,842,377 06 S6, 126,433 57

Deduct corporation and national
bank taxes returned to cities

and towns .... 2,243,437 51 2,038,895 69

Actual expenses . . . f 4,598,939 55 $4,087,537 88

ESTIMATES.

1883. 1881.

Payments for all purposes . . $4,670,905 00 $4,337,912 00

Receipts, including cash on hand, 3,965,334 39 4,120,357 06

Deficit $705,570 61 $217,554 94

There will be required a tax of a million dollars, and, if
the appropriations exceed the estimates to the same extent
as happened last year, half a million more. With our
great debt, the low rate of interest at which our sinking-
funds are at best invested, and the heavy burden of neces-
sary expenditures, the most careful economy must still be
exercised.

SAVING INSTITUTIONS AND COUNTY ACCOUNTS.

At I per cent, the tax on deposits in savings banks, less
the exemptions allowed by law, amounted in 1881
to $1,613,606 34

At ^ per cent, under existing laws which partially
take effect in 1882, the treasurer .estimates that it
would have been ...... 1,196,238 86

At ^ per cent, under existing laws which go into full

effect in 1883, it would have been . . . 933,722 90

It should be said that the two latter amounts include the
tax collected of national banks on shares owned by sav-
ings banks, and are therefore liable to diminution.

This is a rapid decrease, which, of course, must add in
the same ratio to the State tax. To increase that is "to
insure an early re-action upon the deposits in the savings
banks as the most accessible subject of taxation.

The above results, however, are liable to variation by
increase or decrease of deposits, and by changes in invest-
ments. The exemi^tions hereafter allowable ujuler existing
laws cannot therefore be anticipated with anj' certainty.

Governor's Address. 261

In order to save all question of the character of the tax as
a franchise tax, to avoid the uncertainty of exemptions,
and to simplify the whole matter, it has been suggested
that the tax be made one-third of one per cent, upon the
whole amount of deposits, allowing no exemptions what-
ever.

Some statistics of the savings banks are as follows : —

Oct. 31, 1881.

Amount of deposits, $230,444,479.40; increase, $12,396,556.73

Number of depositors, 738,951; increase, 32,556

Number of banks, 165; increase, 1

Number of co-operative saving- > ^g i^^rease, 2
fund and loan associations, \

The condition of these banks and associations is gener-
ally satisfactory. In view, however, of the liabilities of
shareholders in national banks to assessments of one hun-
dred per cent, of their stock in case of loss, I indorse the
recommendation of the commissioners, that savings banks
be prohibited from investing more than one-quarter of
their deposits in national bank stock. The Commonwealth
has, of course, no power to inspect or examine national
banks.

The method of keeping county accounts continues to
improve. It is a suggestion worth considering, whether
the House committee on County Estimates might not be
made a joint committee to consider county affairs. As our
counties increase in population, and their receipts and ex-
penditures become more extensive, it would be well if they
could have something of the same relation to their officials
and finances which towns now have directly with theirs
through town-meetings, or rather the people of the Com-
monwealth or of cities with theirs through representation.

HOOSAC TUNNELL AND TROY AND GREENFIELD RAILROAD.

I refer you to the manager's report for details of the
business, construction, receipts, and expenditures of the
Hoosac Tunnel and Troy and Greenfield Railroad during
the year ending Sept. 30, 1881. The business has very
largely increased, though, as has been the well-known case
with all through lines, the rates have been extremely low.
The construction account is $345,584.91, and covers the
completion of the central shaft, the depot at Greenfield,
the settlement of various land damages, and other items
under the legislation of some years ago, but more especially
the sidings, yard-facilities, and double-tracking of more

262 Governor's Address.

than half the line, under the legislation of last year. The
receipts were -1245,457.42 ; the operating expenses, $183,-
296.41.

The policy of the road is settled for the present ; and I
know of no legislation required, except the necessary ap-
propriation under the Resolve of 1881 which provides for
the double-tracking of the entire line in three years. More
than half this in length — twenty -four miles out of the forty-
four — will, it is estimated, be completed the first year.
The rest, however, is far more expensive, by reason of ex-
ceptional rock-cutting, bridges, etc. ; and the cost of it is
estimated by the manager at f*514,552 for the second and
third years. An appropriation by you of one-half this sum
will therefore be necessary, against the sum of 8324,500
appropriated last year, of which 8200,000 was for double-
tracking, and the remainder for sidings, arching, etc.

I will not repeat, — because I can perhaps put it no bet-
ter, — but I renew, and specially ask you to recall and
consider, my suggestions of a year ago concerning the duty
of the Legislature to provide a method by which the right
of the Troy and Greenfield Railroad Company to redeem
this property may be exercised. Justice and the honor of
the Commonwealth require that this provision should be
made, whether the mortgagors avail themselves of it or
not. The good name of Massachusetts might suffer, were
no remedy at all provided. It will not suffer, if, when a
remedy is provided, the mortgagors decline to pursue it
only because it secures her rights as 'well as theirs. Some
of the considerations and limitations which should guard
your legislation in this respect are also in my last year's
message.

In connection herewith I have received from His Excel-
lency the Governor of Pennsylvania a letter enclosing a
petition, with exhibits, of certain citizens of that State,
stockholders in the Troy and Greenfield Railroad Company,
and asking my co-operation in procuring an adjustment of
their demands against this Commonwealth. I herewith
transmit to you the said letter and the enclosures accom-
panying it, together with a copy of my reply thereto.

NEW yOllK AND NEAV ENGLAND RAILKOAD.

The control of the New York and New England Railroad
has practically passed from the Commonwealth, which now
owns but a small minority of the stock. Strong men have
it in hand. Its prospects were never better; aiul, though

Governor's Address. 263

large expenditures must still be made to perfect it, there is
reason to count on its future appreciation and ultimate
great value. But, as a road which does not yet pay a divi-
dend, it does not belong to that class of securities in which
the public funds should be invested. The purpose of
helping a public enterprise, for which the Commonwealth
originally loaned its aid, has been accomplished; and I
recommend, therefore, that authority be given to sell its
stock in. this road. It is, of course, abundantly able to
carry its stock, now that it is up, as it did so long while it
was down, and care should be taken to avoid yielding it
at a figure temporarily depressed ; but it certainly is not
right that the Commonwealth — its hands tied by its own
Legislature — should be the only stockholder that cannot
sell its shares at howsoever advantageous a price, or should
leave itself in a position, where, after your adjournment,
no power exists in any of its departments or officials to
make or even consider a good bargain. Put the power of
selling in such keeping as you think wisest ; secure it with
every safeguard ; do not let it be used to irritate the
market, or injure other shareholders; bat if, by improving
good opportunities, the 3'1,750 shares belonging to the
Commonwealth can at any time be sold for a price at which
the stock has been already quoted, and two and a half or
three millions of dollars can thereby be put into our sink-
ing-funds, thus substantially relieving our annual interest
account and tax-rate, provision should be made by you to
that end.

I recommend this sale, also, upon the principle, with
reference to railroads generally, of separating the Common-
wealth from all railroad partnerships. Such alliances
always are, or are liable to be, entangling, embarrassing
to legislation and the public finances, and satisfactory to
neither party. Unless Government is to assume the busi-
ness of railroading, it is better to leave it altogether to
private enterprise.

THE OLD STATE PRISON PROPERTY.

New and additional leases of portions of the old State
Prison property in the Charlestown district of Boston have
been made, and the annual receipts increased from less
than $6,000 to more than $11,000. In addition to the
land sold to the Fitchburg Railroad Company for $49,-
791.50, another strip six feet wide has l)een sold to the
Eastern Railroad Company for $3,248. Both sums have
been paid into the treasury.

264 Governor's Address.

THE STATE PRINTING.

The existing contract for the State printing will expire
in July next. It is not drawn with sufficient clearness or
care. I called the attention of the Legislature of 1880 to
the differences which liad persistently arisen between the
Governor and Council of 1879 and the State printers as to
its construction, especially as to binding, and whether
"• cost," at which the paper was to be furnished, should, in
addition to the price paid for it, include also cartage, in-
surance, interest, handling, etc. That Legislature settled
the matter by granting an allowance for these charges of
one cent a pound. To avoid a similar necessity in the
future, to leave no room for any construction which will
permit excessive charges upon one item to offset losses
upon another, — as the present State printers claim had
been the case under former contracts, thus misleading
them, — and to insure good quality and also prompt
execution of the work, the new contract for which you
will provide should be specific, detailed, accurate, and full
in every particular. The compensation for binding should
be made exact, and beyond question. Those bidding for
the contract should specify each item. And I again
recommend that the Commonwealth should itself buy the
paper upon bids in the open market, deliverable to the State
printers as may be required. This plan will be most
economical, and will relieve both parties from the trouble-
some questions of the additional charges above referred
to. I am told that the city of .Boston has a contract for
its printing well drawn and worth consulting.

STATE HOUSE REPAIRS.

The commissioners, charged with making the improve-
ments in the basement of the State House authorized
by the last Legislature, submitted to the Governor and
Council contracts amounting to •*38,150 as substantially
covering the whole work. These were approved, thus
leaving $6,850, which was reported as sufficient to meet all
remaining expenses. No further contracts liave been sub-
mitted for approval ; but the commissioners have taken the
responsibility, finding the condition of the basement worse,
and the authorized improvements involving more extensive
repairs than were foreseen, of incuning a liabilit}' of
nearly $17,000 in excess of the $45,000 appropriated. For
the items, the necessity, and the satisfactoriness of the

Governor's Address. 265

work done, I refer you to their report, made, as required
by law in case of such excess, to the auditor. While they
have incurred this liability in excess of the appropriation
and contrary to the Resolve, yet it is just to say that the
repairs were necessary, and have been thoroughly done.
If on examination you shall find that any of the charges
for extra work should be included in those covered by the
aj)proved contracts, they should be disallowed ; but other-
wise the bills should be paid. There is the compensation
of hoping that by these improvements the question of a
new State House, equally magnificent in proportions and
in cost, has been put a third of a century further oiT than
before.

PRISONS AND CHARITIES.

A good word can again be said for the Reformatory
Prison for Women at Sherborn.

A new warden has been appointed at the State Prison
at Concord ; the discipline is firm, humane, and satisfac-
tory ; a creditable saving has been effected, and there is a
cheering promise of continued improvement. A fresh
coat of paint in the cells, and a thorough cleansing through-
out, are still needed. The number of employes, and their
salaries, are now fixed by law. For the sake of economy,
as well as convenience, there should be some discretion in
this respect given to the warden and prison commissioners,
subject to maximum limitations. Such a statute was
passed last year, I think, in respect to the Reformatory
Prison for Women.

The law has lately been so changed as to authorize long
periods of restraint for habitual criminals, especially those
addicted to intemperance. Illustrating the importance of
this, is a recent report from the Boston House of Industry,
which shows that in four months more than sixteen hun-
dred persons were recommitted there, hundreds of them
for the second or third time, scores for the twelfth or over,
and one each for the seventy-second, the seventy-first, and
the seventieth time. Of a different class are the recommit-
ments to the State Prison for more serious offences.
During the past year twenty-four criminals were sentenced
to that institution who had been there before, some of
them for the third or fourth time. The recommendation
of the prison commissioners, that these criminals who
make crime a profession should be sentenced to police
supervision when their terms of imprisonment expire,
ought to be adopted, with proper provision, of course, for

266 Governor's Address.

making certain the fact of their habitual or professional
criminality. I am informed that this system has been
successful in other countries.

Our penal and charitable institutions are scattered in
place, and therefore do not enjoy the uniformity of ad-
ministration and economy that might otherwise obtain.
The expenses have been in some cases more than were
estimatecl, on account of the rise in the price of supplies.
It is desirable to inquire whether any better system of
furnishing these can be devised.

The Reform School for Boys has been long out of joint.
In my opinion the system is at fault. What should be
a school has been a sort of house of correction. It should
be restored to a school, — a well-disciplined and reforming
school. Fix the maximum age for entrance at fourteen
years, and have no boy remain there longer than is usual
in other schools, which is three or four years. He
should then come away exactly as from any other gradu-
ation. If his stay has reformed him, he is so much better
fitted, like other graduates, to enter the world. If it has
not reformed him, it is sufficient evidence that he is not in
the right place. He may afterward do mischief; but, if so,
he becomes liable, like all other citizens, to the punish-
ments which follow crime. Besides, a three or four years'
commitment is a severe sentence for an adult offender. In
justice even to a bad boy, why should he, for truancy or
boyish mischief, be sent to a reformatory for a longer term
than that for which a professional robber or house-breaker
is oftentimes sent to the State Prison ? Remember, too,
that many a lad goes to the reform school, not so much
from fault on his own part as the inability or incapacitv
of parents or guardians to keep him usefully employed and
out of idleness. Superintendents and trustees alike testify
that boys who are kept in the reform school year after
year, for six, eight, ten, or twelve years, till nearly or
quite of legal age, and kept there because too bad to be
discharged or bound out to labor, are not, on the one hand,
benefited by staying, and, on the other, only disseminate
the worst evils among their younger associates. Make
this, therefore, a school with good wholesome discipline,
instruction in manual labor, and out-of-door work on the
farm. Discard the ])rison-bars, abandon the cells, and
have a home. Let the trustees still have the power of
discharge. Jf during the three or four years' course a boy
is utterly incorrigible, let there be an alternative sentence
or power in the trustees to transfer him to the house of

Governor's Address. " 267

correction for the remainder of his term. If, on the other
hand, he improves, and a place can be found for him in
useful labor elsewhere, let him have the opportunity. It
is well recognized that the main object of such public
institutions is to be but a probation, where those who come
shall remain only till they can find occupation in the
regular channels of life ; and the sooner they are in them
the better. An institutionized boy or man is not a valu-
able contribution to society.

The number of inmates at the Reform School, reported
last week at only one hundred and seventeen, is so small
that it should be transferred from Westborough, thus leav-
ing the fine farm and the buildings there for some other
use. It is suggested that it should be transferred to the
land and buildings at Lancaster, which would well accom-
modate it, but which are now appropriated to the Indusr
trial School for Girls. There were forty-six girls in this •
institution a week ago, their number also having great-
ly decreased, and no longer justifying so large a per capita
expense for their maintenance. I am not prepared to ad-
vise where to transfer these girls, — whether to Sherborn,
or Monson, or elsewhere. Their number can perhaps be
still further reduced by continuance of the judicious bind-
ing-out now practised ; and there is reason to believe that
some of them who have given the least evidence of ref-
ormation might be placed in the Reformatory Prison for
Women. As a locus for the rest, Monson does not strike
me favorabl3^ Of Sherborn it is to be said that the re-
formatory institution now there is exclusively for females ;
that so far as the economies of food, fuel, clothing, guards,
labor, etc., are concerned, it could furnish them to a great
extent with its present facilities ; and that without putting
the industrial school within its walls, and so in any way
mingling the two classes of inmates, it might be placed in
the immediate vicinity, and made a more accessible agency
for transfer to homes.

With regard to the insane I can only repeat the views I
expressed a year ago. Their number increases, and the
elimination of Westborough or Lancaster would afford
them added accommodation if needed. I again commend
provision for the criminal insane in a separate institution
thus relieving the innocent from the reproach and danger
of criminal association. The increase of the insane is es-
timated at two hundred a year. At this rate new accom-
modations, in addition even to Westborough, will soon be
necessary, though not during your term of service ; and

268 Governor's Address.

some general plan should be kept under consideration,
looking always toward more definite classification. The
criminal insane separately provided for, the next new hos-
pital might well be devoted to curable cases, which are not
a large percentage of the whole number.

On the whole, as to our public institutions for the in-
sane, the poor, and the convict, their administration is an
evidence of the advancing humanity and intelligence of
the age. Those in charge are generally faithful, and de-
voted to their duty, and alive to improvements in methods
and economy in maintenance. Hardly anywhere more
than in these institutions, whether for charity or for cor-
rection, is recognized the public demand that the citizen,
however humble, or poor, or offending, shall have the rights
and treatment to which he is entitled. That this fact, so
creditable alike to the Commonwealth and these her in-
stitutions, may be more and more characteristic of them,
I cordially approve the application to them of every means
of thorough and intelligent inspection. Any other would
only work harm.

It has happened. I am informed, that insane persons
escaping into Massachusetts from an insane-asylum in
another State have been arrested and returned without
process of law or hearing. In the absence of a statute to
regulate such proceedings, one should be enacted as a safe-
guard to personal liberty.

EDUCATION.

The cause of education is always in danger of suffering
from our very familiarity with its presentation. Education
is not a mere fine word. It means the equipping of youth
with intelligence and the means of livelihood. It means
safeguards against poverty, crime, and barbarism. It rec-
ognizes the value of every human soul. It is the glory of
a democracy.

The Board of Education are doint; orood work in its
behalf. They are awakening public interest by numer-
ous institutes and teachers' meetings. I trust you will
co-operate with them. At least two more agents should
be authorized to aid in arousing and helping our towns,
especially those in which the support of the public school
is a heavy tax, to give a good Mew-England education to
their boys and girls. There are some places where there
has been a falling-off in this respect.

In this connection, too, I renew my suggestion that pro-

Governok's Address. '269

vision be made as fast as possible for briiiging all our pub-
lic schools under intelligent and advanced supervision, —
not supervision in the sense of that control which our
towns will never part with, but in the sense of the contact
and encouragement, which, either in each town by itself or
in a cluster of towns contributing together, would come
from the services of a competent and inspiring man.

With the danger always of an increase of idler hands
as well as of higher education, there is a growing interest
felt in industrial schools. It would certainly be fortunate
if the influence of such institutions as the Institute of
Technology and the Free Industrial Institute could be ex-
tended to the common schools, and the educated faculties
of the child be directed toward those industrial arts to
which he must look for a livelihood.

It is claimed that what remains of the school-district
system should be abolished :

Also that each city and town should have power to fix
the term of service of its teachers. This would give sta-
bility, and, with power of removal, could work no harm.

AGRICULTURE.

It has been a good year for the farmers. Their inter-
est is one which deserves to be fostered by the Common-
wealth. Their demands are modest. One of them, which
I cordially recommend, is for an experimental station for
practically testing the application of advanced scientific
methods to agriculture.

Perhaps some plan can be devised whereby our county
societies shall get more benefit than at present from the
bounties given them by the Commonwealth. Without
much knowledge on the subject, I suggest that in some
counties there are too many societies, and that the Es»ex
plan of one societ}', perambulating from one town one
year, to another the next, and therefore always novel and
welcome and representative, seems to be the most suc-
cessful.

A farmer, prepared and able to defend his flocks, tells
me that last year he sold thirty lambs for three hundred
dollars. This ought to mean a better cash revenue lor our
farmers, the restoration of abandoned farms and farm-
houses on our hillsides, and increased taxable property for
our agricultural towns. Dogs forbid. The !<ame farmer's
townsman, a poor man, invested his small savings in sheep,
only to find part of them killed by dogs, and the rest made

270 Governor's Address.

■worthless by fright, and then was obliged to wait a year
for only partial compensation. Having nothing but the
law to rely upon, he was forced to abandon sheep-raising.
The present dog-law is next to good for nothing. It does
not save sheep from the ravages of dogs, and it compels
the county to assume and pay — too late — the damages
which should be paid by their owners. If you can remedy
this evil, you will make sheep-raising in Massachusetts a
profitable and large interest, beneficial in more than one
direction.

The Agricultural College is in good condition. It is
suggested that a portion of its land might well be sold.
To increase the number of its scholars, and bring an in-
terest in it home to all parts of the Commonwealth, it has
occurred to me that each agricultural society receiving
the usual bounty of six hundred dollars from the public
treasury should appropriate a small part of it — less than
a hundred dollars — toward maintaining at the college a
scholar from its own limits. As a matter of economy,
some of the buildings should be repaired.

RAILROADS.

I earnestly repeat my conviction that a law which per-
mits private property to be taken for a railroad without
the owner's consent, and without the decision first made
by some impartial tribunal that such taking is a public
necessity, is contrary to the constitution and to justice. It
should be amended at once, unless you hold that there
are no private rights left which a corporation is bound to
respect.

It is generally held in this country that common car-
riers, including railroad companies, are bound to render
to all j)ersons equal service upon equal terms, and .that
contracts giving to one person lower terms than are given
to another for the same service ought not to be permitted
on the part of corporations which enjoy their great powers
only on the ground of their public usefulness. If the law
of Massachusetts differs in this respect from that of other
States, as I understand is the decision of our courts, it
ought to be amended.

Both in justice to railroad employ<^s and for the safety
of travellers, it should be provided that the examination
for color-blindness and other defective sight, required by
the Act of last year, be made by persons whose competency
is beyond question. The statute is too loose in this par-
ticular.

Governor's Address. 271

HARBORS AND PUBLIC LANDS.

The reclamation of the Commonwealth flats at South Bos-
ton is in good progress. About 135 acres will be available
for occupancy as soon as piers can be built.

No settlement under the Resolve of last year has yet
been made of the claim against the Boston and Albany
Railroad. The attorney-general, however, anticipates its
settlement without a trial in court.

INSURANCE.

In relation to assessment or co-operative insurance, which
is now extensively transacted by a large and increasing
class of organizations known as educational, religious,
charitable, and benefit, I am advised that, in the interest
of honest management and public safety, some additional
legislative safeguards are necessary, especially in view of
recent abuses in other States.

The entire Massachusetts insurance for the last five years
is $3,760,583,892, the premiums amounting to $67,601,667.
Of this business, which is about one-ninth of that trans-
acted in the other States, the Massachusetts companies
transacted nearly one-third, foreign companies receiving
over 141,000,000 in premiums.

THE MILITIA.

The organization of the militia remains the same. The
expenses for 1881 amount to some 1132,600, against $135,-
125 for 1880.

I believe there were never better encampments of militia,
in gvery respect, than those of the troops in this Common-
wealth during the past year.

The spring training-day should be restored as the time
for the detailed inspection.

Gen. Schaff, of my staff, has submitted to me an impor-
tant paper upon the necessity of a regiment of heavy artil-
lery. For interior service our troops are well prepared ;
but the whole seaboard of the country is almost defence-
less against the gunboats of foreign nations, which could
put them into our ports at ten days' notice. The entire reg-
ular artillery force of the United States is not enough to
garrison the forts of New- York harbor. There is not a
heavy artillery regiment in the militia of any State. Let
Massachusetts set the example of one. It was at first sug-

272 Governor's Address.

gested that a new regiment be formed; but this you would
not authorize on account of the cost. It would be better
to make one of our existing regiments a heavy artillery
regiment. It would add little to the military expenses. It
would introduce a novel, instructive, and protective fea-
ture. It would train our soldiers in the use of heavy ord-
nance and in the manning of forts. Cannon and equipments
would be needed, and also a barbette battery at the camp-
ground at Framinghani. It is Gen. Schaff's opinion that
the national government, in view of the value to the whole
country of such a regiment, both in itself and as an example
to other States, would be induced to furnish cannon and
other equipments, and to aid in erecting such a battery,
and would permit our companies occasional practice in
the forts in Boston harbor. I shall be happy to put Gen.
Schaff's communication in the hands of your Committee
on Military Affairs.

The interesting report of the surgeon-general is com-
mended to your attention.

NEW APPORTIONMENT OF CONGRESSIONAL DISTRICTS.

It will be your duty to make a new apportionment of
the Commonwealth into congressional districts. I call
your attention to Gov. Andrew's message upon the uncon-
stitutionality of requiring a congressional district to elect
one of its own inhabitants as its representative.

LIQUOR LEGISLATION.

With continued observation of the crime, insanity, and
pauperism caused by intemperance, filling our public insti-
tutions, and making heavy the burden of taxation, ray
sympathies are still more with that great body of men and
women throughout the Commonwealth, who, having its
best interests at heart, believe that the remedy of the evil
must sooner or later be found in the line of its substantial
prohibition, or, till then, in the sharpest restriction of it
possible, and who cannot reconcile themselves to giving it
the sanction of the State. A healthier sentiment and prac-
tice in this matter continue to grow among good citizens,
however much they differ as to remedial measures. They
agree that the dram-shop must be rooted out, alike in the
interest of good morals and the material welfare of the
people; and public opinion is ripe for the enforcement of
laws for its suppression. That the)' are not enforced is

Governor's Address. 273

itself a vice and a shame. If the advocates of the license
system would put the vigor which they now exert in secur-
ing its adoption and maintenance into the enforcement of
its restrictions and penalties, they would make a better
and more consistent case. Other special laws, such as the
labor, the revenue, and the school laws, are enforced ; and
while the State has no special detail for enforcing the
license law, as there is for enforcing those laws which I
have just enumerated, and while I would not re-instate
the unsatisfactory constabulary of a few years ago, I re-
new my suggestion, which is stated at length in my mes-
sage of last year, that the chief of the present State district
pohce have authority to draft from the police officers of
cities and the constables of towns any number of men,
not exceeding a certain limit at any one period, for special
duty. Unless this or some other means is provided, there
is nothing left but a metropolitan police for the Common-
wealth, which met the commendation of Gov. Andrew,
and which would make all our police the creation of the
State. This would be in accord with the original spirit
of our constitution, by which sheriffs were the appointees
of the Executive of the Commonwealth. Since the con-
stitutional change, by which these are now elected by the
people rather than appointed by the Governor, he has no
executive civil force except the State district police, num-
bering sixteen men, most of whom — some by law — are
assigned to special work.

WOMAN SUFFRAGE.

I repeat my conviction of the right of woman suffrage.
If the Commonwealth is not ready to give it in full by a
constitutional amendment, I approve of testing it in muni-
cipal elections.

The recent judicial decision that women cannot practise
as attorneys-at-law has also raised the question whether
they can serve, as some are now most usefully serving,
upon public statutory boards, except whej:e expressly so
provided by law. The decision necessitates legislation.

EXECUTIVE COUNCIL AND HEADS OF DEPARTMENTS.

I still am convinced of the advantage and economy of
an executive council, composed of the elective heads of
departments rather than as now constituted, and of giving
them seats in the Legislature, with no vote, but with the
right to speak upon questions affecting their departments.

274 Governor's Address.

THE COURTS.

The removal of all actions of tort from the Supreme
Judicial Court is already relieving it. If further relief is
necessarv to expedite its business, causes of divorce, mar-
riage, and alimony, and some title in equity like that of
partnership or mortgages, could also be transferred to the
superior court. I certainly would not advise an increase
of the number of judges. In that respect there is no lack.

We have also a good system of inferior courts, with
many able judges, the jurisdiction of which could be in-
creased.

It is for you to consider whether the system of district
courts, which is more likely than that of numerous trial
justices to secure judicial strength, and also, it is claimed,
to lessen expenses and petty litigation, and which works
successfully in many parts of the Commonwealth, should
not be extended further.

CAPITAL PUNISHMENT.

I renew my protest against the barbarism, inefficiency,
and peril to innocence, of capital punishment. Failing its
abolition, I earnestly urge you to leave to the jury — the
best and safest of tribunals — the question of its intliction.
This will make conviction surer, will meet more fully the
circumstances of each case, and while still preserving the
terror of the deatli-penalty, if there be any virtue in that,
will be moTe in harmony with the humane spirit of the
age. The pretence of insanity will not then succeed, as
it now too often does. Should you abolish the death-
penalty, you might substitute for it the severest form of
imprisonment. Let me remind you, quoting the substance
of another's summarization, first, that the present uncer-
tainty of the death-verdict lessens the deterrence of the
death-penalty; second, that, with its abolition for smaller
offences, their number, in proportion to the increase of
population and the facilities for their commission, has
diminished ; and, third, that in civilized communities,
where it has been totally abolished, murders have not
become more frequent. Rhode Island is an instance.
Statistics show also that the pardoning jiower is not abused
in relation to sentences for murder in tlie fust degree when
commuted from death to imprisonment for life.

Governor's Address. 275

ELECTIOlSr RETURNS.

Legislation is still needed, as I last year suggested at
length, to prevent the errors which occur in election
returns.

STATISTICS OF DIVORCE.

Provision should be made for incorporating the statistics
of divorce with those of marriage in the annual registra-
tion report.

LAND FOR THE UNITED STATES FISH COMMISSION.

I recommend in the public interest that provision be
made for ceding land to the United States for a station for
its fish commission.

GENERAL LAWS.

It is a suggestion derived from the experience of the
commissioners who have just revised the Public Statutes
that there should be a permanent officer — perhaps the
assistant attorney-general — to edit the general laws of
each session, and also to prepare from year to year, and
keep on hand in manuscript, for the use of the Legislature,
just such a consolidation of the general laws, with marginal
notes and other details, as is now, at great cost and delay,
made at long intervals. The special knowledge of such
an officer would be of much value in preventing redundant
or inconsistent legislation, and in securing a clear, concise,
and uniform style in the drafting of statutes. But his
best service would be, that when, fifteen or twenty years
hence, it shall become desirable to print and publish a
revision of the statutes, that work will be already done,
and can be submitted at the beginning of any year for
consideration or adoption by the Legislature in its regular
session ; thus, perhaps, avoiding the great expense of an
extra session, as well as that of a special revision by special
commissioners.

My experience convinces me that a great deal of the
special legislation now granted as a matter of course can
be saved by general laws. Let us have a general law, —

For supplying municipalities with pure water ;

For city charters ;

For the payment of damages for the public use of
private property ;

For changing the names of corporations and societies ;

276 Governor's Address.

For ratifying the doings of civil officers who have omitted
to take the qualifying oaths ;

And for such other cases as your experience and the
perusal of the Blue Book will suggest to you.

PILOTS.

There should be, too, a general law concerning pilots
and pilotage. There is no uniformity in the present stat-
utes, one port having one system, and the next another.

FORESTS.

In view of the interest awakened in the Middlesex Fells
and other natural parks, which cannot too soon be secured
from destruction, I recommend a general act for the pres-
ervation and reproduction of forests.

REVISION OF THE GENERAL STATUTES.

Provision should be made for the sale of type, which,
under the authority of the last Legislature, was bought for
printing the revision of the Public Statutes. It is now iu
the hands of the State printers.

Senators and Representatives.

Intrusted with the people's money, we have no right to
appropriate a dollar of it except for their necessities : let
us apply that test to every expenditure. At great cost
and with great care the Public Statutes have just been
revised : let us be brief. The moral sentiment of the
community was never more exacting: let us respect it.

Confident of your fidelity to the public interest in these
and all other directions, I tender to you, the tAvo branches
of the Legislature of Massachusetts, the cordial co-opera-
tion of her Executive in hearing the causes and making the
laws of her people.

Special Messages. 277

SPECIAL MESSAGES.

THE FOLLOWING SPECIAL COMMUNICATIONS "WERE MADE BY HIS

EXCELLENCY THE GOVERNOR TO THE LEGISLATURE

DURING THE ANNUAL SESSION.

[To the Senate and House of Representatives, Jan. 9.]

I have the honor herewith to present, in compliance
with chapter 50 of the Resolves of 1860, a report of the
pardons issued by the Governor and Council during
the year of my administration just passed. The number
of convicts thus discharged is forty-eight, of whom sixteen
were in the State Prison, one in the Reformatory Prison
for Women, twenty-nine in houses of correction, one in
jail, and one in the House of Industry. Fatalor extremely
dangerous sickness was the controlling reason for pardon
in fifteen cases, and information has been received of the
death of eight of the persons so pardoned.

With two exceptions, every pardon granted contained
the condition that if the person to whom it was issued
should, before the expiration of his sentence, be convicted
of any crime punishable by imprisonment, he should be
held to serve out the remainder thereof.

No, 1. Clarence A. Roberts. Convicted, October,
1880, Superior Court, Middlesex County, of fornication,
and imprisoned for non-payment of fine of thirty dollars
and costs. Discharged, rather than pardoned, Jan. 26, 1881,
at request of the sheriff, it appearing that the convict had
served the three months required by law, and would have
been entitled to his discharge but for the failure of the
clerk of courts to issue the mittimus at the proper time.

No. 2. Elbridge G. Smith. Convicted, August, 1879,
Superior Court, Franklin County, of breaking and enter-
ing, and sentenced to House of Correction for two years
and a half. Pardoned Feb. 2, 1881, at the request of the
district-attorney and unanimous recommendation of the
grand jury, because he saved the life of the turnkey when
the latter was attacked by a desperate convict.

278 Special Messages.

No. 3. Orlando C. Brown. Convicted, October, 1871,
Superior Court, Suffolk County, of a forgery involving
only forty dollars, and yetsentenced to the State Prisoifor
sixteen years. He was conditionally pardoned in Aug.ist,
1875, on the ground that his sentence was excessive, and
he Imd been punished enough. Afterwards, while int:)xi-
cated, he committed another offence for which he was
committed, thus breaking the conditions of his pardon.
When, therefore, the second sentence exj)ired in November
last, the warden detained him, and has since detained him,
upon the original sixteen years' sentence. He is now
discharged (Feb. 2, 1881), because if his original pardon
was just, as it seems to have been, on the ground of ex-
cessive sentence and already sufficient punishment for his
offence, no good reason now exists for punishing him
further, except so far as he deserves punishment for break-
ing the conditions of his original pardon. And as for this,
especially as the second offence was not a very grave one,
his imprisonment since last November seems to be enough.

No. 4. William M. Ladd. Sentenced, Superior
Court, Essex County, May 25, 1880, for breaking and
entering, to House of Correction for two years. Pardoned
March 16, 1881, on report of the physician, it appearing
that the convict's physical condition was such as to require
an early surgical operation, which was likely to endanger
his life if performed in prison. Ladd was also a pensioned
soldier. His record was reported very good, and there were
extenuating circumstances. Died JSov. 15, 1881.

No. 5. Alexander Nichols. Sentenced, July term,
1878, Superior Court, Suffolk County, for larceny, to State
Prison for four years. Pardoned March 30, 1881, on cer-
tificate of prison physician, on account of a su{)purative
abscess on the spine, and the hoplessness of recovery in
prison. He died in the Massachusetts Geneial Hospital.

No. 6. John Fox. Sentenced, Superior Court, Suffolk
County, Dec. 6, 1879, for breaking and entering, to State
Prison for four years. Fox was in last stages of consump-
tion. Pardoned March 80, 1881, on certificate of prison
physician. He died a few days after.

No. 7. Michael Keenan, o-Z/as Carroll. Sentenced,
Superior Court, Worcester County, Jan. 81, 1878, for
breaking and entering, to State Prison for six years, upon
two indictments of three years each. Pardoned, March 80,
1881, on certificate of prison physician, on account of an
incurable abscess of the brain.

No. 8. NicoLO Levekone. Sentenced, Superior Court,

Special Messages. 279

Middlesex County, Nov. 9, 1880, for larceny, to House of
Correction for one year. Pardoned March 31, 1881, on.
recommendation of sheriff and district-attorney. Leverone
was a young Italian boy, and charitable parties agreed to
take him out of the State, and place him in a reformatory
institution.

No. 9. Martha Woolford. Sentenced, Superior
Court, Norfolk County, Dec. 13, 1878, for receiving stolen
goods, to House of Correction for four years. Pardoned
April 6, 1881, on recommendation of commissioners of
prisons, the convict being of advanced age and in failing
health, and her friends taking her into their care.

No. 10. Edward Donovan. Sentenced, Superior
Court, Suffolk County, Jan. 24, 1879, for manslaughter, to
State Prison for ten years. Pardoned April 6, 1881, on
recommendation of warden, and on certificate of prison
physician that Donovan is in an advanced stage of con-
sumption, and liable to speedy death. He died in June.

No. 11. Patrick M. Carty. Sentenced, Superior
Court, Suffolk County, January term, 1879, for breaking
and entering, to House of Correction for three years.
Pardoned April 30, 1881, on certificate of the prison
physician that he had dropsy of the abdomen and con-
sumption, and could live but a short time. Pardoned,
that his relatives might take him home to die. He died
in October.

No. 12. Orson Morton. Sentenced, Superior Court,
Franklin County, March 29, 1880, of breaking and enter-
ing, and stealing, to House of Correction for two years.
Pardoned May 4, 1881. Morton has served considerably
more than half his term. The district-attorney reports
that there is a question in regard to his guilt. His wife
has become insane since his imprisonment, and is unable
to provide for his children, who are left entirely destitute.
The pardon was asked by the selectmen and a large num-
ber of citizens of Whately and Deerfield.

Nos. 13 and 14. Richard Rayner and Frederic
Besnor. Sentenced, Superior Court, Suffolk County,
March term, 1880, for larceny in a building, to State
Prison, — Rayner for four years, and Besnor for three years
and a half. Pardoned April 4, 1881, on report of the
district-attorney, the sentence being an illegal one. The
court had no power to sentence for more than one year,
which has now more than expired. It was agreed that no
remedy existed, except through executive interference.

No. 15. Margaret Bean, alias Sannk. Sentenced,

280 Special Messages.

Municipal Court, Dorchester district, March 4, 1881, for
lireakiiig glass, to House of Industry for three months.
Pardoned May 4, 1881, on certificate of the prison physi-
cian, she being in the last stages of consumption.

No. 16. Cornelius McDonald. Sentenced, Feb. 6,
1880, Superior Court, Essex County, for breaking and
entering, to three years in State Prison. Pardoned May
5, 1881, on certificate of the prison physician, he being ia
the last stages of consumption.

No. 17. Henry R. Sibley. Sentenced, Superior Court,
Suffolk County, Nov. 20, 1877, for forgery, to four years
in State Prison. Pardoned May 7, 1881. The term of
imprisonment, with the deduction allowed by law for good
behavior, would have expired July 11, 1881. The con-
vict's wife was reported by eminent physicians incurably
sick with a tumor, being utterly destitute, and confined to
her bed, and in want of proper attendance. The few
remaining weeks of the sentence were stricken off, Col.
Sibley having also been a brave and devoted soldier, and
clemency in his behalf being asked by citizens of all classes,
and advised by those, too, who had suffered from his
wrong doing.

No. 18. Charles Boomas. Sentenced, Nov. 25, 1880,
Municipal Court, Boston, for larceny, to one year in House
of Correction. Pardoned May 11, 1881, on certificate of
the prison physician, the prisoner being in the last stages
of consumption. He died in July.

No. 19. Thomas Norton. Sentenced, Superior Court,
Middlesex County, July 19, 1875, for breaking and enter-
ing, to eight years in State Prison. Pardoned ^lay 12,
1881, having, with deduction for good behavior, less than
a year to serve, on certificate of warden that, by Norton's
fidelity and aid, the escape of some desperate convicts was
prevented, and an oflicer's life probably saved.

No. 20. Willie A. Rice. Sentenced, Superior Court,
Hampden County, May 22, 1880, for perjury, to two years
in House of Correction. Pardoned May 19, 1881, at the
request of the leading citizens of Monson, where the case
occurred, and with the advice of the district-attorney, the
prisoner being a lad of weak mind, and used as a tool by
others who were more at fault. He had served a full year.
No. 21. Earl C. Smith. Sentenced, Superior Court,
Norfolk County, April 11, 1881, for assault, to three
months in ll()U>e of Correction. Pardoned March 2(), 1881,
on recommenchition of the district-attorney that the sen-
tence was excessive, and made under error of the facts.

Special Messages. 281

No. 22. William H. Carberry. Sentenced, Superior
Court, Middlesex County, Nov. 5, 1879, for perjury, to
three years in House of Correction. Pardoned May 31,
1881, at request of leading citizens of Hopkinton, and the
concurrence of the district-attorney, the prisoner being
evidently ignorant and a dupe, and the punishment ex-
cessive.

No. 23. Thomas Callanan, alias Edward Clark.
Sentenced, Superior Court, Norfolk County, Sept. 24, 1880,
for breaking and entering, to eighteen months in House of
Correction. Pardoned May 31, 1881. His term was
eighteen months. He had no counsel at trial, and was evi-
dently sentenced through his blunder in pleading guilty
to a greater crime than the one committed. This appeared
from the fact that his confederate, a greater criminal, tried
afterwards for the same offence, was convicted of only
simple larceny, and paid a small fine. The district-attorney
concurred.

No. 24. Thomas Roach. Sentenced, Superior Court,
Middlesex County, Nov. 1, 1878, for rape, to State Prison
for fourteen years. Pardoned June 3, 1881. The com-
mittee recommended a pardon be granted, after a most
thorough hearing by the Committee on Pardons, upon the
impeachment, to their entire satisfaction, of the principal
witness, and on their conviction that the offence was not
committed as charged. The selectmen and citizens of
Woburn generally were urgent in requesting a pardon.

No. 25. Cornelius Sullivan. Sentenced by Trial-
Justice M. Perry Sargent, Merrimac, Essex County, Jan.
10, 1881, for being a tramp, to the House of Correction
for six months. Pardoned June 4, 1881, on recommenda-
tion of the court which sentenced him. The justice
reported that he was compelled by law to impose a sen-
tence of six months, but, if he could have done so, Avould
have made the term only sixty days, and therefore earnestly
recommends a pardon, five months having already expired.

No. 26. Charles Boutwell. Sentenced, Nov. 11,

1880, Superior Court, Middlesex County, for forgery, to
three years in House of Correction. Pardoned June 8,

1881, on recommendation of the district-attorney that the
sentence was excessive.

No. 27. Dora Dixon. Sentenced, Police Court, Law-
rence, Essex County, Sept. 3, 1880, for vagrancy, to
Reformatory Prison for one year. Pardoned Juiie 8,
1881, on report of the commissioners of lunacy that the
convict is insane. The prison commissioners and Col.

282 Special Messages.

Wrightington, superintendent of out-door poor, recom-
mended that she be pardoned, so that she might be trans-
ferred to the lunacy department at Te\vksbur3\

No. 28. William Gallagher. Sentenced, Superior
Court, Suffolk County, Dec. 2, 1878, for larceny, to three
years in State Prison. Pardoned June 25, 1881, on cer-
tificate of prison physician, he being in the last stages of
consumption. He died two days later.

No. 29. SoPHRONiA, alias Veronika Assing. Sen-
tenced, Superior Court, Berkshire County, Jan. 11, 1881,
for adultery, to House of Correction for one year. Par-
doned July 1, 1881, on the urgent recommendation of the
district judge, the sheriff, and the district-attorney, who
reported that the woman, being of weak mind, had been
deceived by her husband into believing that his separation
from her was a divorce. She then married in good faith,
and for this was arrested. At the time of her pardon she
was very near giving birth to a child, and her pardon was
granted for that reason.

No. 30. Allen W. Guild. Sentenced, Superior Court,
Middlesex County, June 30, 1879, for polygamy, to House
of Correction for three years. Pardoned July 2, 1881.
The committee were satisfied that the defendant's second
marriage was in good faith and in ignorance of the law,
and that, having been in prison two years, further imprison-
ment would be excessive. Defendant had no counsel at
the trial, and the district-attorney who tried the case
reported favorably.

No. 31. Frances L. Stone. Sentenced, Superior
Court, Essex County, Oct. 24, 1879, for committing abor-
tion, to five years in House of Correction. Pardoned
July 13, 1881, on certificate of the physician of the House
of ('oirection that the prisoner could live but a short time.
A member of the council made a personal visit to her, and
she was pardoned that she might die at home.

No. 32. Frank Barney. Sentenced, Superior Court,
Essex County, Oct. 13, 1879, for assault, to two years in
House of Correction. Pardoned July 13, 1881, on certifi-
cate of the physician of the House of Correction that
Barney could live but a few days. A member of the
council made a personal visit to him, and he was pardoned
that he might die at home. He died the next month.

No. 33. Mary F. Mayo. Sentenced, June IG, 1880,
Superior Court, Middlesex County, for larceny, to House
of Correction for eighteen months. Pardoned June 13,
1881, on special request of prison commissioners, and cer-

Special Messages. 283

tificate of physician of the House of Correction that convict
could live but a short time.

No. 34. Samuel A. Thayer. Sentenced, Nov. 13,
1877, Superior Court, Middlesex County, for fors^ery, to
State Prison for seven years. Pardoned July 30, 1881.
Thayer, after forging his father's name, fled to California.
He voluntarily came back and gave himself up, and plead-
ed guilty. He had served more than half his sentence,
which, as was reported by the assistant district-attorney,
was much longer than usual in such cases. Inasmuch,
therefore, as all the parties who were defrauded joined
earnestly in the prayer for his pardon, it was granted.

No. 35. John Donahoe. Sentenced, July, 1872, Su-
perior Court, Suffolk County, for rape, to fifteen years in
State Prison. Pardoned Dec. 12, 1876. Forfeited his con-
ditional pardon, and re-committed to State Prison, Oct. 26,
1880. Pardoned Aug. 17, 1881. He was conditionally
pardoned upon the same sentence Dec. 12, 1876, on the
recommendation of the district-attorney, and on new evi-
dence which showed he was not guilty of the crime of
rape. After this pardon he was convicted, in 1878, of
larceny, and sentenced to two years' imprisonment, which
expired in 1880. This constituting a breach of the con-
dition of said pardon, he has since said last date been con-
fined in the State Prison. A pardon is now granted him
solely because, if the Governor and Council of 1876 were
satisfied that Donahoe was not guilt}^ of the crime charged,
even a breach of the conditions of the pardon they grant-
ed does not justify the present Executive in punishing him
for that of which a former tribunal has found him not
guilty.

No. 36. Julia Kelly. Sentenced, Feb. 9, 1881, Mu-
nicipal Court, Boston, for larceny, to fifteen months in
House of Correction. Pardoned Sept. 13, 1881, the
convict having been transferred as an epileptic insane to
the Taunton Insane Asylum. This was done at recom-
mendation of Col. Wrightington, superintendent of in-
door poor ; a sister of the convict in New York taking her
home, and relieving the State of her support.

No. 37. Orrin D. Hinckley. Sentenced, July 18,
1876, Superior Court, Middlesex County, for arson, to six
years in State Prison. He was very young at the time,
and led away by bad comptmy. Pardoned Sept. 13, 1881,
on the ground that he furnished important information to
the government, there being only five months of the sen-
tence left, and the district-attorney concurring.

284 Special Messages.

No. 38. Robert Arnold. Sentenced, December term,
1879, Superior Court, Suffolk County, for breaking and
entering, to three years in House of Correction. Pardoned
Sept. 18, 1881 ; tlie convict being a boy of sixteen, who
was enticed by others, and whose reformation seemed to
demand that, having served one-half his time, he should
be let out to enter employment the same as if he had been
at the Reform School.

No. 39. Louis Vincent. Sentenced, April 22, 1881,
Police Court, Lowell, for larceny, to six months in House
of Correction. Pardoned Sept. 20, 1881. A petty case
of theft. Judge Crosby, who imposed the sentence, re-
ported that, on further investigation of the facts, he rec-
ommended the Executive to grant a pardon.

No. 40. William R. Barrows. Sentenced, June,
1881, Superior Court, Hampden County, for simple as-
sault, to six months in House of Correction. Pardoned
Sept. 30, 1881, on recommendation of the district^attorney,
sheriff, jailer, and physician of the House of Correction.
The prisoner also was in poor health, and there were strong
grounds for the belief that he was innocent of the crime
charged.

No. 41. Hiram Mingo. Sentenced, June 16, 1881, Supe-
rior Court, Middlesex County, for adultery, to ten months
in Lowell jail. Pardoned Oct. 11, 1881, on the recommenda-
tion of the jailer, and the express and urgent request of
the physician of the jail ; the convict Jiaving a severe dis-
ease of the eyes, which had already destroyed the sight of
one, and threatened the destruction of the other. The
pardon was granted with the full concurrence of the dis-
trict-attorney.

No. 42. Charles H. Colder, alias William H.
Place. Sentenced, May 25, 1866, Superior Court, Essex
County, for larceny and felonious assault (three indict-
ments), to seventeen years in State Prison. Pardoned
Oct. 12, 1881. Colder was serving three continuous sen-
tences of three, two, and twelve years, — in all, seventeen.
He has grown old and broken in prison, and his whole
term, with the usual allowances for good behavior, would
have expired a year ago last July, were it not that when
first imprisoned he escaped and was re-captured, and has
since that date been serving out the time of his absence.
The escape was made under very great and almost irre-
sistible temptation, he having been very carelcssl}-^ allowed
outside the prison walls soon after his commitment. Li
other respects his behavior has been good. Indeed, one

Special Messages. 285

reason for granting the pardon is the doubt as to when his
term really expires, all agi'eeing that, at longest, that time
is very near.

No. 43. Webster Ackers. Sentenced, June 21,
1880, Superior Court, Middlesex County, for breaking and
entering, to tvso years in House of Correction. Pardoned
Nov. 9, 1881, on the certificate of the well-known firm of
J. H. and J. P. Thayer & Co. of Cambridge, for whom
Ackers worked, and upon whom the alleged offence was
committed, that they have become convinced, since the
trial, that he was innocent.

No. 44. John Richardson, alias Fred Webster.
Sentenced, Oct. 27, 1880, Superior Court, Worcester
County, for larceny (two indictments), to two years in
House of Correction. Pardoned Nov. 11, 1881, for the
reason that, being convicted on two indictments, he has
served out the sentence on one ; and on the other it was
clearly proved that the goods claimed to be stolen were his
own, and that the witness (Bond) on whose testimony the
conviction was obtained is a bad character himself, and
now serving a term of imprisonment.

No. 45. James Smith. Sentenced, June 17, 1881, Su-
perior Court, Middlesex County, for breaking and enter-
ing, to three years in House of Correction. Pardoned
Nov. 19, 1881, on recommendation of master of House of
Correction, and the prison physician, on the ground that
Smith was in the very last stages of consumption, and
could live but a few days.

No. 46. Ann McQuillian. Sentenced, Sept. 9, 1881,
Police Court, Somerville, for disturbing the peace, to nine-
ty days in House of Correction. Pardoned Nov. 21, 1881,
on the personal application of the chief of police of Som-
erville, Mrs. Johnson of the Prison Commissioners, and the
city physician of Somerville ; the woman having three
small children, all dangerously sick with typhoid-fever,
with no one to take care of them except an aged and in-
firm grandmother, and the doctor certifying that the
neighbors would not think of entering the house on ac-
count of the fever.

No. 47. Laomi G. Davis. Sentenced, November term,
1880, Superior Court, Suffolk County, for breaking and
entering, to eighteen months in House of Correction.
Pardoned Nov. 80, 1881, on recommendation of the mayor,
city marshal. Senator Hall, and many prominent citizens
of Lynn, on the ground of excessive sentence.

No. 48. William Jackson. Sentenced, March 8,

286 Special Messages.

1881, Superior Court, Middlesex County, for assault, to
eighteen months in House of Correction. Pardoned Dec.
14, 1881, on recommendation of district-attorney, and
physician of House of Correction, on account of mortal
illness.

[To the Senate and House of Representatives, Jan. 18.]

It is my sorrowful duty to announce to the Legislature
the death, yesterday afternoon at Worcester, of Ex-Gov.
Alexander Hamilton Bullock, and to recommend that
measures be taken to pay fitting tribute to the memory of
this eloquent scholar and honored citizen, who for three
years discharged with distinguished ability the office of
chief magistrate of the Commonwealth.

[To the House of Representatives, Jan. 28.]

I have the honor herewith to transmit, for the informa-
tion and use of the General Court, the nineteenth annual
report of the trustees of the Massachusetts Agricultural
College.

[To the Senate, Feb. 10.]

I have the honor herewith to present, in accordance
with the request of the General Assembly of the Com-
monwealth of Virginia, joint resolutions of that body rela-
tive to Federal legislation in aid of the establishment and
temporary support of common schools.

[To the Senate, March 20.]

I have the honor to transmit herewith, for the use of the
General Court, the annual report of the commissioner for
the Mystic River Corporation.

[To the Senate and House of Representatives, April 24.]

I transmit herewith a communication this day received
from Edward Atkinson, treasurer of the Shaw Monument
Fund, asking for authority to place an equestrian alto-relief,
in bronze, of Col. Robert G. Shaw, upon the State House
grounds. It is with great pleasure that I communicate
this generous proposal to add to the memorials now within
these grounds a work of art commemorative of the patriot-
ism of the young men of the Commonwealth. I take the
liberty to suggest that the sergeant-at-arms be authorized
to make provision for putting it in place.

Special Messages. 287

[To the Senate and House of Representatives, May 12.]
I have the honor herewith to transmit, for your informa-
tion and use, the report of Professor N. H. Egleston of Wil-
liamstown, Mass., a commissioner designated by me, under
a joint resolution of your honorable bodies passed at the
present session, to represent this Commonwealth at the
National Forestry Convention held at Cincinnati, O., April
25-29, 1882.

[To the Senate, May 16.]
I herewith return to the Senate, in which it originated,
a Bill "to regulate the practice of dentistry," with my
objections thereto.

The controlling objection to this bill is, that by force
of it the whole business of dentistry is made a possible
monopoly, in the control of a close corporation, with restric-
tive by-laws, consisting of less than a hundred members,
most of whom are in Boston ; while the whole number of
dentists in the Commonwealth is reported as some seven
hundred. Under this act no person could hereafter enter
into the practice of dentistry, except by consent of this
society, which is put under no obligation to examine can-
didates, but may examine whom it pleases, and none else.
It may set any standard it sees fit. The diploma of any
other dental or medical society is nothing, unless such
society is "recognized" as "respectable" by the Massa-
chusetts Dental Society. But there is no standard of such
respectability, or means of compelling such recognition.
How and when is an applicant in Nantucket or Berk-
shire to get into the profession? Suppose the society fall
into the control of those who desire no more competition?
Grant, as is true, that the purpose of the bill is well
meant, and that the Massachusetts Dental Society would,
of course, have no other purpose than to keep the profes-
sion clear of impostors; nevertheless a wrong principle
is involved, and the precedent is bad. If there must be
a certificate of qualification, let it come from a board
required to sit at stated times, and in convenient places
throughout the State, and to pass upon the qualifications
of all who apply. Such a board, too, should spring from
a broader basis than a single society, however Avorthy.
This would obviate the special objection to the present bill.
I am persuaded the bill should be more carefully drawn
before it becomes a law.

It is not easy to see why there should be special legis-
lation concerning dentists only. Why not concerning

288 Special Messages.

apothecaries, physicians, oculists, aurists, surgeons, cooks,
plumbers, and the other bushiesses which involve life and
health? It would perhaps be better worth while to con-
sider the expediency of a general statute, to the effect that
any person pursuing a business or profession without suffi-
cient skill therein shall be punished. Such a statute, in
the hands of judge and jury, would never work injustice,
and yet would be ample for those exceptional cases of im-
position, on the strength of which various special statutes
are urged from year to year.

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THE

CIVIL GOVERNMENT

OF THE

^ommontDcaltt) of iMa00acl)U0ctt0,

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR

1882.

EXECUTIVE DEPARTMENT.

HIS EXCELLENCY

JOHN D. LONG,

GOVERXOR.

EDWARD F. HAMLIN* Actinfj Private Secretary.

HIS nOKOR

BYRON WESTON,

LIEUTEXANT-GOVERXOR.

COUNCIL— (By Districts).
• MATTHEW H. GUSHING .... Middleboroush.

II. — NATHANIEL WALES

III. — EUSTACE C. FITZ .

IV. — MICHAEL J. FLATLEY
v. — JOSEPH DAVrS .

VI. — GEORGE HEY WOOD.

VII. — RODNEY WALLACE .

VIIL — IIUFUS D. WOODS .

Stougliton.

Chelsea.

Boston.

Lynn.

Concord.

Fitchbnrg.

EntielJ.

HENRY B. PEIRCE,

Secretary of the Commonwealth.

HENRY J. COOLIDGE, 1st Clerk. ISAAC H. EDGETT, 2d Clerk.
GEORGE G. SPEAR, 3vii.,od Clerk.

DANIEL A. GLEASON,

Treasurer and Receiver-General.
DANIEL H. ROGERS, ls( Clerk. JOHN Q. ADAMS, 2d Clerk.

CHARLES R. L A D D,

Auditor of Accounts.
WILLIAM D. HAWLEY, 1st Clerk. EDWARD S. DAVIS, 2d Clerk.

GEORGE MARSTON,

Attorney-General.
CHARLES H. BARROWS .... Assistant Attorney-General.

* Vice William M. Olin, resigned May 20.

LEGISLATIVE DEPARTMENT.

GENERAL COUET:

Arraxged in Accordaxce with the District Revision of 1876.

S E N A T

President — ROBERT R. BISHOP.

Name of Senator.

First Suffolk .

James Smith .

Boston.

Second "

John II. Sherburne .

Boston.

Third "

Owen A. Galvin

Boston.

Fourth "

George G. Crocker .

Boston.

Fifth "

Charles T. Gallagher

Boston.

Sixth "

Charles II. Allen

Boston.

Seventh "

Arthur W. Tufts .

Boston.

Eighth "

Joseph Bennett

Boston.

First Essex

John R. Baldwin

Lynn.

Second "

Nathaniel A. Horton

Salem.

Third "

Francis Norwood

Beverly.

Fourth "

Joseph N. Rolfe

Newbury.

Fifth "

Augustus Mudge

Danvers.

Sixth "

Andrew C Stone

Lawrence.

First Middlesex

George A. Bruce

Somerville.

Second "

Robert R. Bishop .

Newton.

Third "

Leander M. Ilanuum

Cambridge.

Fourth "

Charles Q. Tirrell .

Natick.

310

Senate.

District.

Name of Senator.

Residence.

Fifth Middlesex

Charles F. Gerry-

Sudbury.

Sixth "

Thomas Wiuship

Wakefield.

Seventh "

Jeremiah Crowley

Lowell.

First Worcester

Thomas J. Hastings .

Worcester.

Second "

George W. Johnson .

Milford.

Third "

Chester C. Corbin

Webster.

Fourth "

John M. Moore

Gardner.

Fifth "

Daniel B. Ingalls

Clinton.

Hampshire

Samuel M. Cook

Granby.

First Hampden

William H. Haile .

Springfield.

Second "

Charles A. Corser

Holyoke.

Franklin .

James S. Grinnell

Greenfield.

North Berkshire

Francis W. Rockwell

Pittsfield.

South " .

John M. Seeley

Gt. Barrington.

First Norfolk .

David W. Tucker .

Milton.

Second "

Warren E. Locke

Norwood.

First Plymouth

Peleg McFarlin

Carver.

Second "

James S. Allen .

E. Bridge water.

First Bristol .

Willam Reed, jun. .

Taunton.

Second "

Andrew J. Jennings .

Fall River.

Third "

William Barker, jun.

Dartmouth.

Cape

Joseph P. Johnson .

Provincetown.

STEPHEN N. G
EDMUND DOW
0. F. MITCHEL

IFFORD

Clerk.

Chaplain.

Sergeant-at-Arms.

House of Representatives.

311

HOUSE OF EEPEESEE"TATIYES.

5j9eaJler — CHARLES J. NOYES.

COUNTY OF SUFFOLK.

Ward.

Kaine of Representative.

1st,

2d,

3d,
4th,
5th,

6th,

7th,

8th,

9th,

10th,

11th,

12th,

13th,

Boston, Ward 1

Boston, Ward 2

Boston, Ward 3
Boston, Ward 4
Boston, Ward 5

Boston, Ward 6

Boston, Ward 7

Boston, Ward 8

Boston, Ward 9

Boston, Ward 10

Boston, Ward 11

Boston, Ward 12

Boston, Ward 13

14th, Boston, Ward 14

Benj. F. Campbell .
Harvey N. Shepard .

William J. Burke .
Josejth P. Hamlin .

James White .
Samuel C. Hunt

Edwin L. Pilsbury .

John Reade
Samuel T. Harris .

John B. Sheerin
Thomas McCullough,

Alex. B. McGahey .
Hugh A. Carr .

John E. McNelley .
Charles W. Smith .

John F. Andrew
Henry W. Swift .

Henry H. Sprague .
Chai-Jes Wheeler

Roger Wolcott
John W. Leighton .

Jeremiah IL MuUane,
Patrick F. McDonald,

Cornelius F. Cronin,
Dennis F. Brennan .

Charles J. Noyes
Arthur H. Wilson .

Boston.
Boston.

Boston.

Boston.
Boston.

312

House of Represemtatives.
COUNTY OF SUFFOLK — Concluded.

15th,

IGth,

ITlh,

18th,

10th,

20th,

21st,
22d,
23d,

24th,
25th,

2Gth,

Town or Ward.

Boston, Ward 15

Boston, AVard IG

Boston, Ward 17

Boston, Ward 18

Boston, Ward 19

Boston, Ward 20

Boston, Ward 21
Boston, Ward 22
Boston, Ward 23

Boston, Ward 24

Boston, Ward 25

( Chelsea .
-| Revere .
( AV^iuthrop

Name of Kcpresentative. Besidence.

Henry C. Towle
Oliver G. Feruald .

Abraham J. Lamb .
Joseph H. O'xXeil .

Jesse L. Nason
Edmund T. Eastman,

Edward P. Brown .
George E. Learuard,

Thomas Fay, jun. .
Patrick 11. Manning,

Horace T. Bockwell,
Artiiur F. Aleans

Andrew J. Browne .
Benj. C. Tinkham .

Alfred Ziegler .

Levi L. Willcutt
Edward P. Butler .

Georg-e L. Burt
Robert T. Swan

John W. llollis

Chas. C. Hutchinson,
Joseph W. Stickney,
Thomas Floyd.

Boston.
Boston.

Boston.

Boston.
Boston.

Boston.

Chelsea.
Chelsea.
Wiuthrop.

COUNTY OF ESSEX.

1st,

( Rockport . . }
I Gloucester, Ward 7, \

Jason L. Curtis

Rocliport.

2d,

( Gloucester, Wards 1, )
\ 2,3,4,5,G. .{

f Gloucester, Ward 8, "|
J Essex . . . [
1 Manchester . . f
t Hamilton . . J

Wm. II. Won son, 3d,
Isaac A. S. Steele .

Gloucester.
Gloucester.

3d,

Stephen P. Andrews, Essex.

House of Representatives.
COUNTY OF ESSEX — CoxTixuED.

313

District.

Town or Ward.

Name of Reiircsentative.

Kesldence.

4th,

( Wenham
\ Dun vers .

Gilbert A. Tapley .

Dan vers.

5th,

Beverly .

John I. Baker .

Beverly,

6th,

( Salem, Wards 1,
15..

':\

James F Almy
William Cogswell .

Salem.
Salem.

7th,

( Salem, Wards 3,

X 0 . .

4,1

Rnfus B. Gifford .
Charles B. Fowler .

Salem.
Salem.

8th,

C INIarblehead .
\ S vvampscott .

William B. Brown .
Thomas i*. M. llix .

Marblehead.
Marblehead.

9th,

Lynn, Ward 3

Benjamin Dupar

Lynn.

10th,

(Lynn, Wards 1,

^ 4, 5, 7
( Nahaiit .

■1

Ilartwell S. French .
Frank D. Allen
John Marlor .

Lynn.
Lynn.
Lynn.

11th,

Lynn, Ward 6

James W. Switzer .

Lynn.

12th,

Peabody .

John Finder ..

Peabody.

13th,

f Saugns .
J Lynn field
] Middleton
L Topsfield

•1

•j

John II. Potter

Topsfield.

14th,

5 Andover .

( Korth Andover

Charles Smith .

Andover.

15th,

TBoxford .
< Rowley .
(Ipsvvich .

■I

Milton Ellsworth .

Rowley.

IGth,

( Newbury . . ")
•^ Nevvburyport, W'ds >
( 1,2,3,4,5,0 .\

John P. Coombs
Edward P. Shaw

Newburyport.
Newburyport.

17th,

( Georgetown
•< Groveland
( Bradford

Alfred E. Towne .

Bradford.

ISth,

f West Newbury
j Salisbury
j Amesbury
(^ Rlerriiuac

■1

•j

Oliver A. Roberts .
Albert Sargent

Salisbury.
Werrimac.

314

House of Representatives.
COUNTY OF ESSEX — Concluded.

District.

Town or Ward.

Name of liepresentatlve.

Residence.

19th,

(Haverhill, Wards 1,)
] 2,3,4,5,6 .[
(Methuen . .)

Daniel B. ClufE
Edwin N. Hill
Adams H. Cogswell .

Haverhill.
Haverhill.
Methuen.

20th,

5 Lawrence, Wards 1, >
1 2,3 . . .1

Dennis Gilmartin
Dennis A. Sullivan .

Lawrence.
Lawrence.

21st,

j Lawrence, Wards 4, 7

1 5, 6 . . .;

Jona. D. Boothman .
John B. Campbell .

Lawrence.
Lawrence.

COUNTY OF MIDDLESEX.

1st,

( Cambridge, Wards >
1 1,5 . . .\

Chester W. Kingsley,
Henry W. Muzzey .

Cambridge.
Cambridge.

2d,

( Cambridge, Wards f
1 2,4 . . .^

Henry J. Wells
Sumner Albee .
G. D. Chamberlain .

Cambridge.

Cambridge.
Cambridge.

3d,

Cambridge, Ward 3,

John McSorley

Cambridge.

4th,

Somerville, Ward 1,

Charles H. Guild .

Somerville.

5th,

Somerville, Ward 2,

Quincy A. Vinal

Somerville.

6th,

( Somerville, Wards )

1 3,4 . . .;

Edward Glines

Somerville.

7th,

Medford .

John C. Rand .

Medford.

8th,

5 Maiden . . .7
I Everett . . . j"

Ezra A. Stevens
William F. Chester .

INfalden.
Maiden.

9th,

Melrose .

B. ]\Iarvin Fernald .

Melrose.

10th,

Stoneham

John W. Spencer

Stoneham.

11th,

Wakefield .

Solon 0. Richardson,

Wakefield.

12th,

f Reading. . .")
} North keadiiig . >
( Wilmington . . )

George H. Parker .

Reading.

13th,

Wobiirn .

Edward D. H.ivden .

Wobnrn.

14th,

( Arlington . )
: ( Winchester . . )

' Jonas C. Harris

Arlington.

1
1

House of Representatives.
COUNTY OF MIDDLESEX — Continued.

315

District.

Town or Ward.

Kame of Representative.

Residence.

15th,

( Watertown
I Belmont .

Samuel Walker

Watertown.

16th,

(Newton, Wards 1,
I 2,3,4,5,6,7 .

George W. INIorse .
John H. Sanborn

Newton.
Newton.

17th,

Waltham
'Lexington

Rufus Warren .

Waltham.

18th,

Burlington
) Bedford .
l_ Billerica .

f Tewksbury

Ebenezer Baker

Billerica.

19th,

j Chelmsford
Tyngsborough
Dracut •

1
J

Enoch Foster .

Tewksbury.

20th,

Lowell, Ward 1

James Kelly .

Lowell.

21st,

Lowell, Ward 2

Wra. F. Courtney .

Lowell.

22d,

Lowell, Ward 3

John H. Morrison .

Lowell.

23d,

Lowell, Ward 4

Charles H. Allen .

Lowell.

24th,

Lowell, Ward 5

Ambrose L. Ready .

Lowell.

25th,

Lowell, Ward 6
f Concord .

J. Tyler Stevens

Lowell.

23th,

! Acton
] Carlisle .
[_ Lincoln .

f Weston .

Moses Taylor .

Acton.

27th,

j Way land
j Sudbury .
|_ Maynard

Edward Carter

Wayland.

28th,

Natick .

Daniel Dorchester .

Natick.

29th,

5 Holliston
\ Sherborn

Willis A. Kingsbury,

Holliston.

80th,

^ Hopkinton
I Ashland .

Owen Wood .

Hopkinton.

31st,

Framingham .

•

James R. Entwistle,

Framingham.

316

1st,

2d,

3d,

4th,

5lh,

Gth,

7th.

House of Representatives.
COUNTY OF ^ITDDLESKX — CoxcruDED.

District

Town.

Name of Iteprescnlative.

KcsiUcncc.

32d,
33d,

34 th,
35th,

Marlborough .

f Hudson . . . ■]
J Stow . . .1
) Box borough . . j
I. Littleton . . J

f \Yestford . . "]
1 (Jroton . . . !
1 Dunstable . . f
[_ I'eppereli . .J

fAyer . . .^
; Slliiley . . .1
} Townseud . . f
LAshby . . .J

Timothy A. Coolidge,
A. W. Wetherbee .

Sherman II. Fletcher,

Andrew W. Felch .

Marlborough.
Boxborough.

Westford.

Ayer.

COUNTY OF AVORCESTKR.

( Blackstone
I UxbriJge

( I\rendon .

-jMillord .
( Uptun

j Nortlihridge .
I Grafton .

j Westborough .
( Southborough

f Clinton .

Berlin
I Bolton .
■{ Sterling .

I>nn caster
I Harvard .
t, Lunenburg

Fitcliburg

f AVi'iclioiidon .
j Aslibiirnliain .
■{ (Jardner .
I Wi'stniinster .
t rriaofton

Americus Welch

Silas W. Hale .
Jidward S. Leland

Ashley W. Rico . Grafton.

Blackstone.

l^rilford.
Upton.

W. T. Forbes .

Lucius Field .
Aaron R. Towers

Leander Spragne

"Westborough.

Clinton.
Bolton.

Fitclibiircr.

Zechariah F. I'oung, Fitcliburg.

' John D. Fdgell
Julni B. Fay .

. I Gardner.
. I'rinceton.

House of Representatives.
COUNTY OF WORCESTER — CoxTixuKD.

317

District.

£tb,
9th,

10th,

11th,
12th,

13th,

14th,
15th,

16th,

17lh,
ISth,
19th,

Town or Ward.

( Athol .
( Royalston

rPctev.sham
J Phillipsfcou
j Tenipleton
1^ Hubbardston

fDana

I Hard wick

■{ Barre

I Oakham .

(.New Braiutree

f Rutland .
! Holden .
J Paxtou .
l_ Leicester

fWestBrookfield
I ^Van•eu .
{ Brookfield

North Brookfield
[ Sturbridge

f Spencer .
J Charlton
1 South bridge .
I Oxford .

r Douglas .
■< Webster .
(Dudley .

( Aulnirn .
} Millbury
(Sutton .

f Shrewsbury

Xaine of Kcpreseiit.itive.

Noi-thborough
] Boylstoii
(^ AVest Boylston

Leominster

"Worcester, "Ward 1,

"Worcester, "Ward 2,

II. M. Humphrey

William J. Eveleth

James II. Walker

Henry W. Warren

Iliram Knight .
David W. Uodgkius,

Isaac L. Prouty
George II. Taft

Edwin Moore .
John Hopkins .

Abel O. Perry .

Joel Smith
Aaron G. Walker
Samuel A. Porter

Eesidence.

Athol.

Hubbardston.

Ilardwick.

Ilolden.

N". Brookfield.
Brookfield.

Spencer.
Charlton.

Douglas.
.Millbmy.

Shrewsbury.

Leominster.

Woi'cester.

Worcester.

318

House of Representatives.
COUNTY OF WORCESTER— Concluded.

District.

Town or Ward.

Name of Representative.

Besidenca.

20th,

Worcester, Ward 3,

Eugene M. Moriarty,

Worcester.

21st,

Worcester, Ward 4,

David F. O'Connell,

Worcester.

22d,

Worcester, Ward 5,

John R. Thayer

Worcester.

23d,

Worcester, Ward 6,

Asaph R. Marshall .

Worcester.

24th,

Worcester, Ward 7,

Edwin Ames .

Worcester.

25th,

Worcester, Ward 8,

William L. Clark .

Worcester.

COUNTY OF HAMPSHIRE.

1st,

2d,

3d,

4th,

5th,

Easthampton
Northamptou
Southampton

fHadley .
! Hatfield .
j Westhampton
I. Williamsburg

'Chesterfield
Cummington
Goshen .
- Huntington
Middlefield
I Plainfield
I. Worthington

f Amherst
j Pelham .
I Prescott .
I. South Hadley

' Belchertown
Enfield .
Granby .
Greenwich
Ware

Edwin R. Bosworth,
Sidney Strong .

Rowland Ayres

Wm. W. MitcheU .

Hobart P. Street .

Charles E. Stevens

Easthampton.
Northampton.

Hadley.

Cummington.

South Hadley.

Ware.

COUNTY OF HAMPDEN.

Ist,

fMonson .
J Brirafield
1 Holland .

L Wales .

William L. Webber,

Holland.

House of Representatives.
COUNTY OF HAMPDEN — Concluded.

319

District.

Town or Ward.

Name of Representative.

Kesldence.

r Palmer . . . 1

•Wilbraham . . !
Hampden . . f

William Holbrook .

Palmer.

, Ludlow . . .J

8d,

Chicopee

Frank H. Morton .

Chicopee.

4th,

( Springfield, Wards }
1 1,2 . . .\

Theodore D. Beach .
Wilson Eddy .

Springfield.
Springfield.

5th,

(Springfield, Wards 7

1 3,6 . . .;

George P. Stebbins .

Springfield.

6ih,

( Springfield, Wards )
^ 4,7 . . .[
(Longmeadow . .)

Joseph Scott .

Springfield.

7th,

5 Springfield, Wards )

i 5,8 . . .j:

Edward H. Lathrop,*

Springfield.

8th,

fHolyoke, Wards 1,7
1 2,3,4,5 . .;

John H. Wright

Holyoke.

9th,

5Holyoke,Wards6,7,)
( West Springfield . j

Isaac B. Lowell

W. Sp'ngfield.

10th,

f Westfield . . )
-| Agawam . . >•
(Montgomery . .)

f South wick . . 1
Granville

Edw'd C. Carpenter,
John W. Colton

Westfield.
Westfield.

11th,

. Tolland . . . 1
] Blandford
Chester .
.Russell . . .J

Homer P. Twining .

Tolland.

COUNTY OF FRANKLIN.

1st,

'Erving .

Warwick

Orange .
.New Salem .

Daniel Ballard

New Salem.

• Elected March 21, vice John L. Rice, resigned.

320

5th,

6th,

1st,

2d,

3d,

4th,

House of Representatives.
COUNTY OF FRANKLIN — CoxcLUPED.

f Montague
I Sunderland
2d, ■{ Leverett .
I Shutesbury
L Wendell.

( Greenfield

] Gill

( Shelburne

Deerfield
4th, ^ Conway .
AVhateiy

fNorthfield
I Bernardston
■{ Leyden .
I Colrain .
L Heath .

f Ashfield.
I Buck land

I Charlemont

j IIa\Yley
I Rowe
L Monroe

Xapie of Eepresentative. Eesklence,

James A. Gunn

George P. Carpenter,

Robert Abercrombie,

Henry W. Montague,

Vaniah M. Porter

Montajme.

Shelburne.

Deerfield.

Northfield.

Rowe.

COUNTY OF BERKSHIRE.

p Hancock
I Lanesborough
■{ New A si 1 ford
AViiliamstown
[Clarksburg

5 Adams .
( North Adams

j Pittsfield
I Dalton .

f Florida .

Savoy
I Cheshire
■{ ^^'in<lsor

"Washington
I Peru
I. Hinsdale

Charles D. Belden

Williamstcwn.

AlcanderTV. Preston, North Adams.
Nathan S. Babbitt . North Adams.

SamuelW.Bowerman, Pittsfield.
Edward D. G. Jones, Pittsfield.

Alanson S. Pomeroy,

Washinsrton.

House of Representatives.
COUNTY OF BERKSHIRE — Concluded.

321

Name of Representative.

oth,

fBecket .

Lee

Otis
(, Tyringhara

6th, ^;

7 th,

8th,

1st,

2d,
3d,

4th,
5th,
6th,

7th,
8th,

f Richmond

Lenox

Stockbridge .
(^ West Stockbridge

f Alford .

Egreraont

Great Barrington
1_ Monterey

flMt. Washington
New Marlborough
Sandisfield

[Sheffield.

^j Norman W. Shores .

Thomas Post

Charles W. Ray

Orrin C. Whitbeck

Residence.

Lee.

Lenox.

GtBarrington.

Mount W"ash.

COUNTY OF NORFOLK.

Dedham .

Norwood

Brookline

Hyde Park

Milton .
Canton .

Quincy .
Weymouth

Braintrce
Holbrook

Randolph.

Stoughton
Sharon .
Walpole .

Franklin
Foxborough
AVrenthani
Hellingham
Med way .

Thomas J. Baker

Rufus G. F. Candage,
Hobart M. Cable

Frank M. Ames

Charles H. Porter .
N. D. Canterbury .
Francis A. Bicknell .

Edmund White

David H. Bl an chard,
George E. Craig

Nathan A Cook
Samuel Warner

Dedham.

Brookline.
Hyde Park.

Canton.

Quincy.

Weymouth.

Holbrook.

Stoughton.
Walpole.

Belli ngh am.
Wrentham.

322

House of Representatives.
COUNTY OF NORFOLK — CoxcLrDED.

Blstrlet.

T»wn w Ward.

Kame of Representative.

Kesidence.

9th,

(T Needham . . 1
1 Dover . . . [
■{ iModfield . . y
1 Norfolk . . . 1
I A\'ellesley . . j

Levi Mann

Noifolk.

COUNTY OF BRISTOL.

1st,

2d,
3d,

4th,

5th,
6th,
7th,
8th,

9 th,
10th,

JAttleborougli
Norton .
Mansfield

j Ea.ston .
( Rayiiham

j Taiintoii .
I Berkley .

Aciislinct

Kaiihavon

Freetown

5 New Bedford, Wards )
\ 1,2,3 . .t

5 New Bedford, Wards }

i 4, 5, G . .;

John Whitphill
Austin Mesisiiioer

Lincoln S. Drake

Charles T. Barnard
Charles A. Heed
Francis S. Babbitt

Rufus A. Dunham

Orlando G. Robinson,
James A. Crovell .

Attleborougb.
Norton.

Easton.

Taunton.
'J'auuton.
Taunton.

Fairhaven.

New Bedford.
New Bedford.

A. Edwin Clarke . New Bedford.
James R. Denham . New Bedford.

Westport
Dartmouth

John W. Gifford

Westport.

5 Fall River, Wards
1 1,2, 3,4 .

( Fall River, Wards

■] 5, G .
( Somerset

Geori^e W. Billings . Fall River.
Frank W Burr . j Fall Puver.
John B. Whitaker . Fall River.

James F. Davenport, j Fall River.
Job M. Leonaid . Somerset.

f Seekonk .
J Swaiizey
j I'n'hobolh
l_ Diglitou .

)-\ Francis A. Ilorr

Difrhton.

House of Representatives.
COUNTY OF PLYMOUTH.

323

1st,
2d,

3d,

4th,
5th,
Cth,

7th,

8th,

9th,

10th,

11th,

Town or Ward.

Name ot Keprcsentative. Residence

j Iliiigham
{ Mull

iCohnsset
Scituate .
South Scituate

r Marshfield
j Pembroke
I Hanson .
tllaliiax .

f Duxbury
j Kiiiijston
1 Plyrupton
[^ Carver .

Plymouth

C Wareham
J Rochester
I ]\Iarion
l_]Mattapoisett .

( jNIiddleborough
I Lakeville

( Bridgewater .
\ East Bridgewater

j Rocliland
I Hanover .

( Brockton

I West Bridgewater

( Abington

I South Abington

Joseph Jacobs, juu.
Alpheus Thomas

George Baker .

Benj W. Robbins
Winslow W. Avery
Noble W. Everett

John C. Sullivan
L. Watts Richards

R. C. Waterman

Davis S. Packard
Francis E. Howard

William R. Vining

ningham.
So. Scituate.

Marshfield.

Carver.

Plymouth.

Wareham.

Middleboro'.
E. B'gewater.

Hanover.

Brockton.
W. B'gewater.

So. Abington.

COUNTY OF BARNSTABLE.

1st,
2d,

< Sandwich
( Falmouth

( Barnstable
I Mashpee

;[

Bi'adford B. Briggs
Francis D. Cobb

Sandwich.
Barnstable.

324

House of Representatives.
COUNTY OF BARNSTABLE — Concluded.

District.

„ J 5 Yarmouth
^' I ■} Dennis .

4th,

5th,

6th,

(Hai

I Chf

Harwich
Chatham

f Brewster
j Orleans •
) Eastham
I, Wellfleet

I Truro .
( Provincetown

Name of Bepresentative. Residence.

David Fisk

Watson B. Kelley

John A. Clark

Atkins Hughes

Dennis.
Harwich.

Eastham.

Truro.

COUNTY OF DUKES.

1st,

f Chilmark
t Cottage City
J Edgartown
I Gay Head
Gosnold .
[Tisbury .

COUNTY OF NANTUCKET.

1st, Nantucket

Josiah Freeman

Nantucket.

GEORGE A. HARDEN .
DANIEL W. WALDRON
O. F. MITCHELL .

Clerk.

Chaplain.

Sergeant-at-AiTns.

JUDICIAL DEPARTMENT.

SUPREME JUDICIAL COURT.

CHIEF JUSTICE.

MARCUS MORTON qf Andover.

ASSOCIATE JUSTICES.

WILLIAM C. ENDICOTT
OTIS P. LORD .
WALBRIDGE A. FIELD
CHARLES DEVENS .
WILLIAM ALLEN .
CHARLES ALLEN .

of Sahm.
of Salem,
of Boston,
of Worcester,
of Northampton^,
of Boston.

SUPERIOR COURT.

CHIEF JUSTICE.

LINCOLN F. BRIGHAM of Salem.

ASSOCIATE JUSTICES.

JULIUS ROCKWELL of Lenox.

ROBERT C. PITMAN of Newton.

JOHN W. BACON of Natick.

P. EMORY ALDRICH of Worcester.

WALDO COLBURN of Dedham.

WILLIAM S. GARDNER of Newton.

HAMILTON B. STAPLES of Worcester.

MARCUS P. KNOWLTON of Springfield.

CALEB BLODGETT of Boston.

ALBERT MASON of Brookline.

326

Judicial Departmfat.

JUDGES OF PROBATE AND

JOHN W. McKIM, Boston
GEORGE F. CIIOATE, Salem
GEORGE M. BROOKS, Concord .
ADIN THAYER, Worcester .
WILLIAM G. BASSETT, Easthampton
WILLIAM S. SHURTLEFF, Springfield
CHESTER C. CONANT, Greenfield
JAMES T. ROBINSON, North Adams
GEORGE WHITE, Newton .
WILLIAM n. WOOD, Middleborough
EDMUND H. BENNETT, Taunton
HIRAM P. HARRIMAN, Wellfleet .
JOSEPH T. PEASE. Edgartown .
THADDEUS C. DEFRIEZ, Nantucket

I.NSOLVENGY.

Suffolk.
EssF.x.

MiDDLKSKX.
WoRCKSTFJi.
IlAMPSniRE.

Hampdex.

fuanklix.

Berkshire.

Norfolk.

Plymouth.

Bristol.

Barnstable.

Dukes.

Nantucket.

REGISTERS OF PROBATE AND INSOLVENCY.

ELIJAH GEORGE, Boston
JEREMIAH T. MAIIONEY, Salem
JOSEPH II. TYLER, Winchester .
CHARLES E. STEVENS, Worcester
LUKE LYMAN, Northampton .
SAMUEL B. SPOOXER, Springfield
FRANCIS M. THOMPSON, Greenfield
EDWARD T. SLOCUM, Lee .
JONATHAN COBB, Dedham .
DANIEL E. DAMON, Plymouth .
WILLIAM E. FULLER, Taunton .
FREEMAN II. LOTHROP, Barnstable
HEBRON VINCENT, Edgartown .
SAMUEL SWAIN, Nantucket.

Suffolk.

Essex.

Middlesex.

Worcester.

Hampsiiirr.

Hampden.

Franklin.

Berkshire.

Norfolk.

Ply.moutii.

Bristol.

Barnstable.

Dukes.

Nantucket.

DISTRICT ATTORNEYS.

OLIVER STEVENS, Boston .
WILLIAM B. STEVENS, Stoneham
EDGAR J. SHERMAN, Lawrence .
ASA FRENCH, Braintree
IIOSEA M. KNOWLTON. New Bedford
FRANCIS T. BLACKMKR, Worcester .
ANDREW J. \VA I'ERMAN, Pittsfield .
DANIEL W. BOND, Northauiptou .

Suffolk.

Northern.

Eastern.

South-Eastkrn.

Southern.

Middle.

Western-.

North- Western.

Judicial Department,

327

SIIEKIFFS,

JOHN M. CLARK, IVostqn .
HORATIO G. HERRICK, Lawrence .
EBEN W. FISKE, Waltham .
AUGUSTUS B. R. SPRAGUE, Worcester
HENRY A. LONGLEY, Northampton .
HHIAM Q. SANDERSON, Springfield .
GEORGE A. KLMBALL, Greenfield
HIRAM B. WELLINGTON, Fittsfield .
RUFUS C. WOOD, Dedliam .
ALPHEUS K. HARMON, Plymouth
ANDREW R. WRIGHT, Fall River
THOMAS HARRIS, Barnstable .
FRANCIS €. SMITH, Edgnrtown .
JOSIAH F. BARRETT, Nantucket

Suffolk.

Essex.

Middlesex.

Worcester.

Hampshire.

Hampden.

Fp.axklin.

Berkshire,

Norfolk.

Plymouth.

Bristol.

BarxstablK.

DuKKS.

Naxtucket.

CLERKS OF COURTS.

GEORGE W. NICHOLS, Boston, Clerk of the Supreme Judicial
Court lor the Commonwealth.

JOHN NOBLE, Boston, Supreme Judicial Court . Suffolk.

JOSEPH A. WILLARD, Bost., Superior Ct,, Civil T. > j.

JOHN P. MANNING, Boston, Criminal Term . I ^^^^^'^•

ALFRED A. ABBOTT, Peabody .... Essex.

THEODORE C. IIURD, Cambridge . . . Middlesex.

THEODORE S. JOHNSON, Worcester . . . Worcester.

WILLIAM II. CLAPP, Northampton . . . Hampshire.

ROBERT O. MORRIS, Springfield . . . Hampden.

EDWARD E. LYMAN, Greenfield. . . . Franklin.

HENRY W. TAFT, Pittsfield ..... Berkshire.

ERASTUS WORTHIXGTON, Dedham . . Norfolk.

WILLIAM H. WHITMAN, Plymouth, . . . Plymouth.

SIMEON BORDEN, Fall River .... Bristol.

SMITH K. HOPKINS, Barnstable .... Barnstable.

SAMUEL KENISTON, Edgartown .... Dukes.

GEORGE W. JENKS, Nantucket .... Nantucket.

828

Members of ('ongress.

MEMBERS OF THE FOETY-SEVENTH CONGRESS.

[Congregsional DJ8trict« CBtabllslied by Chap. 300, Acts of 1872, and Chap. 113, Acts of

1876.]

SENATORS.

HENRY L. DAWES
GEORGE F. HOAR

of Pimjield.
of Worcester.

REPRESENTATIVES.

District I. — WILLIAM W. CRAPO .
IL — BENJAMIN W. HARRIS

III. — AMBROSE A. RANNEY

IV. — LEOPOLD MORSE

v. — SELWYN Z. BOWMAN

VI. — EBEN F. STONE .

VIL— WILLIAM A. RUSSELL

VIIL— JOHN W. CANDLER .

IX. — WILLIAM W. RICE .

X. — AM ASA NORCROSS .

XL — GEORGE D. ROBINSON

of New Bedford.

of East Bridgewater.

of Boston.

of Somerville.

of Newburyport.

of Lawrence.

of Brookline.

of Worcester.

of Fitchburg.

of Chicopee.

Commonbjcaltfj of IHassacijusctts.

Secretaiit's Department, Boston, July 21, 1882,
I certify that the Acts and Resolves contained in this
volume are true copies of the originals, and that the ac-
companying papers are transcripts of official records and
returns in this Department.

I further certify that the tables showing the changes
made in the general statutes by the legislation of the
present year have been prepared and are published as an
appendix to this edition of the laws by direction of the
Governor, in accordance with the provisions of chap, 238
of the Acts of 1882.

HENRY B. PEIRCE,

Secretary of the Commonwealth.

INDEX

INDEX.

Page

Abatement of taxes, costs in appeals for 176

Abington, town of, may lay out a public park 15

Acade'.ny, Notre-Dame, in Boston, proceedings confirmed ... 90

Accounts of the treasurer and auditor, relating to 81

Action barred, after possession of estate by mortgagor for twenty years,

upon entry of a decree by the court 185

Acton, town of, may raise money to pay certain bounties .... 72
Adams, town of, may raise money for payment of expenses incurred in

division of town 71

Address of the governor to the legislature 259

Adjutant-general to continue work on war records 247

Adulteration of food and drugs, relating to 206

Aged Women, Home for, in Boston, may hold additional estate . . 47

Agent of the board of education, additional, may be appointed . . 251

Agricultural College, Massachusetts, allowance to 250

Agricultural College, trustees of, additional copies of report of, to be

printed 245

Agricultural experiment station established 172

Agricultural Society, Housatonic, may hold additional real estate . . 38

Aldermen, mayor and, construction of words in laws relating to cities . 122

Allotments and bounties of volunteers, payment of 82

Almshouse, state, at Tewksbury, barn accommodations to be increased

at 2S9

Amendments and corrections of the Public Statutes, relative to print-
ing of 237

Ames Manufacturing Company may increase capital stock ... 96

Analysis and inspection of intoxicating liquors regulated .... 177

Andover, town of, may pay certain bounties 93

Appeals for abatement of taxes, payment of costs in 176

from taxation of costs in civil actions, relating to ... . 184

in police, district and municipal courts in civil cases ... 73
from decisions of county commissioners to railroad commissioners,
relative to crossing of ways or severance of private lands by

railroads 98

Appropriations :

Maintenance of Government, —
Legislative, Executive, Secretary's, Treasurer's, Auditor's, Attor-
ney-General's, Agricultural, Educational and Military de-
partments, Tax Commissioner's bureau. Commissioners and *

Miscellaneous ^

ii Index.

Page
AppROPKiATiONS — Concluded .

Maintenance of Government, additional, —
Supreme Judicial, Superior and Probate and Insolvency Courts,

and District-Attorneys, salaries 9

Maintenance of Government, further additional, —
Legislative, Executive, Agricultural and Military departments,
State House, miscellaneous, incidental and contingeut ex-
penses 23

for mileage and compensation of members of the legislature, for

compensation of officers, and for other purposes ... 8

for certain educational purposes 12

for sundry charitable expenses 20

for expenses of the various charitable and reformatory institutions,

and for other purposes 28

for certain expenses authorized in the year eigliteen hundred and

eiglity-one 30

for expenses autliorized in the year eighteen hundred and eighty-
two, and for other purposes 70,119,230

for double tracking and improvement of tlie Troy and Greenfield

Hail road and Iloosac Tunnel 17-1

Aqueduct riglits in North Adams, for supply of water for the Troy and

Greenfield Railroad 138

Arrests, reports of, to be made monthly to prison commissioners . . 179
Assessment of taxes on the personal estate of insolvents, joint owners,

and tenants in common 122

Assessment of taxes upon mortgaged real estate 131

Assessors to notify persons, etc., to make returns of property held for

literary, etc., purposes 175

Assistant district-attorney for the eastern district may be appointed . 117

Assistant harbor masters may be appointed 174

Assistant register of probate and insolvency for the county of Suffolk,

salary established 101

Association, Baker and Ilorton Cemeterj', in the town of Rehoboth, in-
corporated G2

Boston Police Relief, charter amended 62

Longfellow Memorial, incorporated 194

Pine Grove Cemetery, in Sheffield, incorporated .... 32
South Congregational Cemeterj-, in town of Dennis, incorporated, 59
Young Men's Cliristiau, of Lynn, may hold additional real and

personal estate 40

Associations for charitable and other purposes, powers and duties en-
larged 149

co-operative saving fund and loan, relating to 19j

law library, annual payments to 193

comi)osed of soldiers may parade witli arms at the decoration of

soldiers' graves 1*54

Assurance Company, Guarantee, of Boston, incorporated . . . 33
Attlel)orougli. First Universalist Society in, doings ct>nfirmed ... 51
Attorneya-at-law, women may be admitted to practice as . . . . 100
Auditor, relating to accounts of 81

Index. iri
B.

I'age
Babson, David, of Rockixirt, to have exclusive right in Granite or Goose

Cove I'ond, in Gloucester, for cultivation of lobsters, etc. . 118
Bail, deposit of money in lien of giving sureties in criminal i-ases . . !i8
Baker and Horton Cemetery Association, in the town of Behoboth, in-
corporated (!'i

Ballots, "stickers," so called, not to be counted 2(14

Bank, Savings, Warren, incorporated 37

Banks, savings, commissioners of, salaries of clerks, established . . 108
insolvent, receivers to deposit books and papers with commis-
sioners of savings banks G'J

Banks, savings, and institutions for savings, investments of, in stock of

banks, etc., limited 179

may make adilitional investments l.s'J

names of boards of investment to be published .... 47
time extended to, for selling real estate acquired by foreclosure of

mortgage, etc 162

Berkshire, Central, district court of, salary of clerk 192

Bertram Home for Aged Jlen, name established Ho

Billianl rooms, bowling alleys, etc., fees for licenses to keepers of . . 203

Blue fish and striped bass in waters of Edgartown, protection of . . 53

Board of education may employ an additional agent 251

Board of police commissioners, attendance of witnesses before . . 211
Boilers, locomotive, to be tested under regulations prescribed by the

railroad commissioners (50

Bolton, Charles S., allowance to 239

Bonds required for licenses for sale of intoiicating liquors, statements

of sureties on 204

Bonds in appeals in civil cases in police, district and municipal courts,

filing of 73

Boston, city of, harbor lines in East Boston established .... 45

city of, may permit the erection of certain wooden buildings . . 75

citj' of, additional probation otticers for 94

city of, teachers in service of, may be instructed in the normal

school of Boston 99

city of, may take land for a public library 104

city of, may issue a public park loan 123

city of, general meetings of citizens in 154

city of, applications for licenses for sale of intoxicating liquors in . 178

city of, construction, use and inspection of buildings in . . . 196
city of, grade crossings of railroads in northerly part of, subject

to be considered by the I'ailroad commissioners .... 249

city of, municipal court of, additional associate justice for . . 40
city of, certain municipal courts in, when the justice is absent, the

justice of another court may preside 41

city of, municipal courts in, salaries of justices and clerks . . 192
city of, sewage of, not to be discharged into Dorchester Bay . . 202
Boston and Albany Railroad, stock of the Commonwealth in, to be ex-
changed for bonds 90

Boston and Bangor Steamship Company, name established ... 17
Boston and Cambridge, bridge over Charles River between, may be

constructed 115

Index.

Boston, Clinton and Fitcliburg, and Old Colony Railroads may unite

Boston Li<,'lit Infantry Veteran Corps, incorporated .

Boston P(jlice Relief Association, charter amended

Boundary line between Petersham and Dana established .

Boundary line between Cliilmark and Tisbury established

Bounties of volunteers, relative to payment of ... .

Braintree, town of, to rebuild bridge over Monatiquot River .

Bridge over Blue River, town of Duxbury may discontinue draw
over Charles River between Cambridge and Boston .
Essex Merrimack, reconstruction of portion of .
across an arm of the sea in Hingham may be constructed
over Little River may be constructed by city of Haverliill

between ^larshfield and Scituate

over Monatiquot River in Braintree to be rebuilt

Rocks, over Merrimack River, draw in, to be reconstructed

Bridge Company, Duxbury, incorporated

Bridge Company, White's Ferry, incorporated ....

Bridges, Charles River and "Warren, rights of Commonwealth in,
be assigned to Boston when new bridge is built .

Bridges constructed by county, travel over, to be controlled by the
county commissioners

Brighton, first jiarish in, proceedings confirmed ....

Brockton, city of, may make an additional water loan

Brockton Gas Light Company, name established

Brookline, iiolice court of, established

Buildings, inspection of

Buildings in the city of Boston, construction, use and inspection of

Bureau of statistics of labor to investigate the liability of employers for

injuries received by their employes ....

to complete and publish an abstract of the social and industrial

statistics of the Commonwealth

Burial place to be jirovided for prisoners dying in the reformatory prison
for women

Burke, James, allowance to

may

Page
(>:{
94
62

108
38
82
37
32

115
77
50

153
70
37

139

140
70

100

80
181
140

40
183
156
19G

242

243

173

247

Cable Company, Subterranean, of Boston, charter amended . . . 123
Cadets, Veteran Association of the Independent Corps of, may liold

additional estate 75

Cambridge, house of correction at, may be improved and repaired . . 110

Cambridge, police court of, abolished 183

Cambridge and Boston, bridge may be constructed over Charles River

between '. 115

Camp-ground, state, state encampment of the Grand Army of the Re-
public at 241

Capron, Jennie S., and children of Clement L. Capron, allowances to . 247

Carriages and horses, penalty for illegal taking and using . . . 185

Cars, railroad, to be furnished with certain tools, etc. .... 48

Cattle, contagious diseases among, extermination of 257

Cemetery Association, Baker and Ilortou, in the town of Rehoboth,

incorporated ()2

Pine Grove, in SliefTield, incorporated ;?2

South Congregational, in the town of Dennis, incorporated . . 59

Index.

Cemetery, Memorial, in the town of Westborough, concerning . . 184

Change of names 290

Charlemont, town of, allowance to 244

Charitable, literary and scientific purposes, property held for, returns to

be made to assessors not later than the first day of July . . 175
Charles River and Warren bridges, riglit of the Commonwealth in, may

be assigned to Boston when new bridge is built .... 100
Charles River Street Railway Company, incorporation and locations con-
firmed 129

Chase, Lyman H., town of Essex may pay soldier's bounty to . . . 53

Check lists in cities, preservation of 61

Chelsea, police court of, clerk to be appointed 132

Chi Psi Fraternity in Williams College, trustees of the chapter of, in-
corporated 51

Children under twelve years of age, juvenile offenders, arrest and

commitment of • 95

less than two years of age, penalty for abandonment by parents . 213

indigent and neglected, relating to 135

illegitimate, descent of real estate of 97

illegitimate, under age of one year, taken for board, overseers of

poor to be notified 213

Chilmark and Tisbury, towns of, boundary line established ... 38
Christmas day, when it occurs on Sunday, the following day to be a

legal public holiday 46

Cisco, Samuel C. and Sarah M., of tribe of Hassanamisco Indians, allow-
ance for repairing dwelling-house 242

Cities, sealers of weights and measures in, appointment of ... 41

registration of voters in 193

checklists in, preservation of 61

mayors of, power to vote as presiding officers defined . . . 134

Cities and towns, payment of indebtedness by 97

may recover from pauper the cost of his support .... 83

may regulate sale and use of toy pistols, etc 230

may regulate inspection of kerosene, etc 195

may lay out public parks within their limits Ill

may provide for the preservation, etc., of forests .... 200

correction of errors in registration of voters in 212

City of Boston, municipal court of, additional associate justice for . . 40

municipal courts in, salaries of justices and clerks .... 192
certain municipal courts in, when the justice is absent, the justice

of another court may preside 41

harbor lines in East Boston established 45

may permit the erection of certain wooden buildings ... 75

additional probation officers for 94

teachers in service of, may be instructed in the normal school of

Boston 99

may take land for public library 104

may issue a public park loan 123

general meetings of citizens 154

advertising applications for licenses for sale of intoxicating liquors

in 178

construction, use and inspection of buildings in .... 196
sewage not to be discharged into Dorchester Bay, etc. . . .202

vi Index.

Page
City of Boston, <rrade crossings of railroads in northerly part of, subject

to be considered by the railroad commissioners .... 249

City of Brockton, additional water loan 140

City of Fall River may lay out a way across the Brightman burial

ground 65

tenure of office of police officers in 148

City of Haverliill n)ay constiiict a wharf and bridge at Little River . 153

allowance to David B. Tenney, treasurer, etc 238

City of Holyoke may construct a common sewer 110

City of Lawrence, for securing better drainage, and for the preservation

of the ]Hiblic health in . . ' 124

City of New Bedford, allowance to the overseers of the poor of . . 240

City of Newton may lay out parks and public squares .... 41

charter revised 157

City of Salem, parcel of land in Peabody annexed to .... 83

may take lands and flats in the South Mill Pond .... 143

City of Taunton may increase its water loan 118

charter revised 162

City of Worcester, time extended for taking land for park and reser-
voir in 85

Civil actions, relating to costs in 208

appeals from taxation of costs in 184

Civil government, lists of national, state, district and county officers . 307
Clerks of courts to return to secretary of Commonwealth in relation to

libels for divorce 148

Clinton, towu of, water supply for 18

Cole's River and tributaries, lisheries in, regulated 142

College, Massachusetts Agricultural, agricultural experiment station to

be maintained at 172

additional copies of report of trustees of, to be printed . . . 245

allowance to 250

College, Williams, trustees of the chapter of the Chi Psi Fraternity in,

incorporated " . . 51

Commercial Wharf Company, charter extended 40

Commissioner, tax, to furnish assessors with certain printed forms . 175
Commissioners, county, to control travel over bridges constructed or

maintained in whole or in part by the county .... 80

to determine the location of common landing-places ... 81
appeals from decisions of, relative to crossing of ways or severance

of private lands by railroads 98

Commissioners, county, of Essex, to reconstruct draw in Rocks Bridge

over Merrimack River 139

of Middlesex may repair house of correction at Cambridge . . 110
of Plymouth may construct highway and bridge across an arm of

the sea in Hingham 50

Commissioners, harbor aud land, may purchase certain flats at South

Boston 240

Commissioners, police, attendance of witnesses before a board of . . 211

Commissioners of prisons, reports of arrests to be made monthly to . 180

to prescribe forms of blanks for certain court returns . . . 179

Commissioners, railroad, to re-locate depot at Stockbridge ... 60

to make aud publish regulations for testing boilers of locomotives, fiO

Index. vii

Page
Commissioners, railroarl, appeals to, from decisions of county commis-
sioners relative to crossing of ways oi* severance of private

lands by railroads 98

to consider and report concerning grade crossings of railroads in

tlie northerly part of tlie city of Boston 249

Commissioners of savings banks, salaries of clerks established . . 108
Common victnallers to keep premises closed between hours of twelve at

niglit and five in the morning ^ • 189

Commonwealth, funds of, investment regulated 96

shares of, in tlie stock of the Boston and Albany Railroad to be

exclianged for bonds 90

shares of, in tlie stock of the New York and New England Rail-
road may be sold or exchanged 187

Compensation of assistant clerks, doorkeepers, etc., of the senate and

house of representatives 203

Compensation of the militia 133

Congress, districts for electing representatives to, established . . . 198

Connecticut River, transportation of logs and timber upon, regulated . 235
Conservatory of Music, New England, may hold additional real and

personal estate 100

Construction and inspection of factories, public buildings, etc. . . 210

Contagious diseases among horses and cattle, extermination of . . 257

Contested elections, reports of cases of, to be published and distributed, 257

Convicts, poor, relating to discharge of 152

Co-operative saving fund and loan associations, relating to . . . 195

Cooml)s, Melzar W., allowance to 240

Coriwrations for charitable and other purposes, powers and duties en-
larged 149

Correction of names upon tax bills, etc 193

Correction of omissions in the registration of voters, provided for . . 212

Costs, in appeals for abatement of taxes, payment of .... 176

in civil actions, relating to 208

in civil actions, appeals from taxation of 184

County commissioners, appeals from decisions of, relative to crossing of

ways or severance of private lands by railroads .... 98
to control travel over bridges constructed or maintained in whole

or in part by the county 80

to determine the location of common landing-places ... 81

County commissioners of Essex to reconstruct draw in Rocks Bridge . 139

of Middlesex may repair house of correction at Cambridge . . 110
of Plymouth may construct highway and bridge across an arm of

the sea in Hingham 50

County taxes granted 250

Court, district, of Central Berkshire, salary of clerk 192

of Essex, first, salaries of justice and clerk 192

of Hampshire, established 180

of Eastern Middlesex, first, salaries of justice and clerk . . 67, 192

of Eastern Middlesex, third and fourth, established . . . 183
of Southern Middlesex, first, town of Hopkinton not included in

judicial district of 124

of "Worcester, central, salary of assistant clerk .... 192

of Eastern Worcester, second, salaries of justice and clerk . . 192
of Southern Worcester, third, salary of justice . . > . . .192

viii Index.

Page

Court, municipal, of the city of Boston, additional associate justice for . 41
of the East Boston district, town of Winthiop to be in judicial

district of 107

of the East Boston district, salaries of justice, clerk, etc. . . 192

Court, police, of Brookline, established 183

of Cambridge, abolished 184

of Chelsea, clerk to be appointed 132

of Fitchburg, salaries of justice and clerk 192

of Haverhill, salaries of justice and clerk 192

of Lowell, salary of clerk 52

of Marlborough, established 183

of Newburyport, salaries of justice and clerk 192

of Somerville, salaries of justice and clerk 192

Court, superior, salaries of justices 155

in the county of Suffolk, salaries of oliicers 193

Court, supreme judicial, establishment of exceptions by . . . . 186

for Suffolk County, compensation of officers in attendance upon . 182

Courts, municipal, of the city of Boston, certain, when justice is absent,

the justice of another court may preside 41

Courts, police, district and municipal, filing of bonds in appeals in civil

cases 73

Criminal cases, deposit of money in lieu of furnishing sureties in . . 98

Dana and Petersham, towns of, boundary line established between . 108

Danvers, Peabody Institute in, incorporated 66

Davis, Augustus N., allowance to 243

DeWolf, Austin, and others, and the Troy and Greenfield Railroad and

Hoosac Tunnel, award of arbitrators between, confirmed . 244

Deer, protection of 151

Dedham, Second Parish of, re-organization as First Congregational Par-
ish in Norwood, confirmed . . 19

Dedham Water Company may sell property to town of Dedham . . 17
Dennis, town of. South Congregational Cemetery Association in, incor-
porated 69

Dennis and Yarmouth Improvement Conipany, incorporated ... 91
Departments of the Commonwealth, estates may be taken or leased for

accommodations for 205

Depositions to perpetuate the testimony of witnesses without the Com-
monwealth, relating to 101

Descent of the real estate of illegitimate children 97

Disabled soldiers' employment bureau, allowance to 248

Diseases, contagious, among horses and cattle, extermination of . . 257

Discharge of poor convicts, relating to 152

Distribution of public documents, relating to 118

Distribution of the personal estate of married women, relating to . . 101

District school system abolished 176

Districts for choice of representatives in congress established . . . 198
District-attorney for the eastern district, salary established . . .117

may appoint an assistant district-attorney 117

District-attorneys, first and second assistant, for the Suffolk district,

salaries of 193

Index. ix

Page

District court of Central Berkshire, salary of clerk 192

of Essex, first, salaries of justice and clerk 192

of Hampshire established 180

of Eastern Middlesex, first, salaries of clerk and justice . . 67, 192
of Eastern Middlesex, third and fourth, established .... 183
of Southern Middlesex, Hopkinton not to be included in dis-
trict of 124

of "Worcester, central, salary of assistant clerk 192

of Eastern Worcester, second, salaries of justice and clerk . . 192

of Southern "Worcester, third, salary of justice 192

District police, relating to duties of 156, 211

Divorce, statistics of, to be published by the secretary of the Common-
wealth 148

Divorce, relating to the making and entering of decrees of . . . 178

Documents, public, distribution of 118

Dorchester, first parish in, may sell certain real estate .... 59

Dorchester Bay, sewage of city of Boston not to be discharged into . 202
Draw pier of bridge over Merrimack River to be reconstructed by the

Eastern Railroad 155

Drugs, relating to adulteration of 206

Duxbury, town of, may discontinue draw in bridge over Blue River . 32

Duxbury Bridge Company, incorporated 140

East Boston, harbor lines in, established 45

East Boston district, municipal court of, town of "Winthrop to be in

judicial district of 107

municipal court of, salaries of justice, clerk, etc 192

Eastern district, district-attorney for, salary established .... 117

assistant district-attorney to be appointed 117

Eastern Junction, Broad Sound Pier and Point Shirley Railroad Com-
pany may change its name 14

Eastern Middlesex, district court of, first, salaries of justice and clerk, 67, 192

district courts of, third and fourth, established 183

Eastern Railroad Company may issue preferred stock in exchange for

certificates of indebtedness 132

to reconstruct draw pier of bridge over Merrimack River . . 155

Edgartown, town of, striped bass and bluefish, protection in waters of . 53

fisheries regulated in Great Pond and Job's Neck Pond, in . .75

ditching of South Beach in 77

Education, board of, additional agent for, may be appointed . . . 251

Election returns, correction of errors in 35

Election returns, newspapers to be furnished with, by the secretary . 36

Elections, contested, reports of cases of, to be published and distributed, 257

Elevator Company, Ocean Terminal Railroad Dock and, relating to . 71

Elevators, security of 156

Employes, liability of employers for injuries received by, to be investi-
gated by bureau of statistics of labor 242

Employment bureau, disabled soldiers', allowance to .... 248
Escape of prisoner from custody when einployed outside of place of

confinement, punishment for 151

Index.

Essex county, commissioners to reconstruct draw in Eocks Bridge

Merrimack River

Essex Institute may hold additional personal estate .
Essex Merrimack Bridge, reconstruction of part of .
Essex, town of, may pay soldier's bounty to Lyman H. Chase
Essex, first district court of, salaries of justice and clerk .
Estate, real, of illegitimate children, descent of .
Estate, real, sold for taxes and other assessments, redemption
Exceptions, establishment of, by the supreme judicial court
Executions, staying or superseding of, by writs of I'eview
Exi^eriment station, agricultural, established at Amherst .

Explosive compounds, storage of

Explosive compounds, use of, may be regulated .

Eye and Ear Infirmary, Massachusetts Charitable, allowance to

Page

139

192

190

186

195

172

212

230

241

Factories, public buildings and tenement houses, construction and in-
spection of ; fire escapes 210

Fall River, city of, may lay out a way across the Brightman burial

ground 65

tenure of ofHce of police officers in 148

Fall River Railroad Company may lease road and other property to Old

Colony Railroad Company 52

Fees for licenses of keepers of intelligence offices, billiard rooms, etc. . 203
Fees of officers for summoning witnesses in criminal cases . . . 174
Females employed in manufacturing, mechanical and mercantile estab-
lishments, preservation of health of 109

Fencing of railroads, relating to 121

Fire district. South Adams, may take water of Dry Brook, in towns of

Windsor, Cheshire and Adams 55

Fire escapes, relating to 210

Fires, protection of forests against 121

First Congregational Parish in Norwood established 19

First district court of Eastern Middlesex, salary of clerk established . 67
First district court of Southern Middlesex, town of Hopkinton not in-
cluded within jurisdiction of 124

First Parish in Brighton, proceedings confirmed 181

First Parish in Dorchester may sell certain real estate .... 59

First Uiiiversalist Society in Attieborough, doings confirmed ... 51
Fish and lobsters, penalty for taking, from traps, trawls and seines,

witiiout consent of owner 48

Fisheries in waters of Edgartown, striped bass and bluefish ... 53

in Granite or Goose Cove Poiul 118

in Great Pond and Job's Neck Pond, in Edgartown, regulated . 75

herring and sliad, in Cole's River and Milford Pond, regulated , 142

Fishing in the Merrimack River, relative to 122

Fitchburg, police court of, salaries of justice and clerk .... li)2
Flats at South Boston, undivided interests in, may be purchased by the

harbor an<l land commissioners 240

Food and drugs, adulteration of 206

Ford, John, allowance to 244

Index. xi

Page
Forefathers' day, town of Plymouth may appropriate money for cele-

hration of 17

Foreign mining, quarrying and oil companies, taxation of ... 78

Forests, protection of, against fires 121

preservation and reproduction of 200

Freeman, Priscilla, allowance to 251

Freeman, William, allowance to 239

Freight rates, to prevent discrimination in, by railroad corporations, 72, 179

Fund, sinking, prison and hospital loan, increased 36

Funds of the Commonwealth, investments of, regulated .... 96

Gardner, town of, water supply for 105

Gardner "Water Company, incorporated 105

Gas IJglit Company, Brockton, name established 40

Gas Li,i;lit Company, North Bridgewater, name changed .... 40
General statnres, tables of changes in, to be published annually in such

editions of the laws as governor may direct .... 186

Gloucester, harbor lines established 76

Gold Medal Sewing ^Machine Company, name changed .... 8

Governor, address of, to the legislature 259

special messages to the legislature 277

Governor and conncil may appoint additional pilots for ports other than

the port of Boston 130

may take or lease estates for the use of the departments of the

Commonwealth 205

to consider subject of homeopathic treatment of the insane . . 248
Grade crossings of railroads in the northerly part of the city of Boston,

railroad commissioners to consider and report .... 249
Grand Army of the Kepublic may be authorized to use the state camp

ground for an encampment 241

Granite or Goose Cove Pond, in Rockport, lobsters and other useful fish

may be cultivated in, by David Babson 118

Grafton, town of, allowance to selectmen of, to repair dwelling-house of

Samuel C. and Saiah M. Cisco 242

Great Pond and Job's Neck Pond, in Edgartown, fisheries in, regulated, 75

Guarantee Assurance Company of Boston., incorporated .... 33

Gunpowder and other explosive compounds, storage of ... . 212

Hale, James "W., Fund, trustees incorporated 43

Hampshire, district court of, established 180

Harbor of Boston, preservation of 202

Harbor lines in East Boston established 45

in Gloucester harbor established 76

Harbor masters, assistant, may be appointed 174

Harbor and land commissioners may purchase undivided interests inflats

near northerly shore of South Boston 240

Hartford and Connecticut Valley Railroad Company may build road in

Massachusetts 85

xii Index.

Page

Haverhill, city of, amendment to act authorizing a hospital in . . . 14

city of, may construct a wharf and bridge at Little River . . 153

city of, police court of, salaries of justice and clerk .... 192

city of, allowance to David B. Tenney, treasurer of . . . . 238

Health, lunacy and charity, hoard of, to have charge of inspection of

food and drugs 207

to have custody of juvenile offenders under twelve years of age . 95
to have care of indigent and neglected children, and certain ille-
gitimate children 135, 213

Heavy artillery, portion of the militia to be exercised in the manual and

drill of 73

Highways, notices in cases of injury received on, relative to ... 38

Hillman, Samuel, allowance to 247

Hingham, bridge across an arm of the sea in 50

Hingham, Hull and Downer Lauding Steamboat Company, name estab-
lished 65

Holiday, legal public, when Christmas occurs on Sunday, the following

day to be 46

Holyoke, city of, may construct a common sewer 110

Home for Aged Women, in Boston, may hold additional estate . . 47
Home, Salem Old Men's, name changed to Bertram Home for Aged

Men 145

Homoeopathic treatment of the insane, subject to be considered by the

governor and council, and report to be made .... 248
Hopkinton, town of, not to be included in judicial district of the first

district court of Southern Middlesex 124

town of, U3 ay issue water bonds, etc 136

town of, certain real estate in, may be taken by the Milford AYater

Company 141

town of, iiroceedings of town meeting confirmed .... 200

Horses and carriages, penalty for illegal taking and using .... 185

Horses and cattle, contagious diseases among, extermination of . . 257

Hosiery Company, Lowell, may increase capital stock .... 54
Hospital, St. Elizabeth's, for women, articles of association confirmed

and name changed 83

Hospital in city of Haverhill, amendment to act authorizing ... 14

Hospital, state lunatic, at Danvers, allowance to trustees of . . . 248

at Taunton, trustees of, may exchange land with the Old Colony

Railroad Company 246

at Taunton, allowance to trustees of - 249

at Worcester, allowance to trustees of 249

Housatonic Agricultural Society may hold additional real estate . . 38
Housatonic Railroad Company, re-location of passenger station at

Stockbridge 50

House of correction at Cambridge may be improved and repaired . . 110
House of representatives, compensation of assistant clerks, messengers,

etc., of 203

Indians, Marshpee, disposition of remaining lands of .... 109
Idiotic and feeble-minded youth, Massachusetts school for, allowance to

trustees of 251

Index. xiii

Page

Illegitimate children, descent of the real estate of 97

Improvement Company, Dennis and Yarmouth, incorporated ... 91

Indebtedness of cities and towns, relative to payment of . . . . 97

Indigent and neglected children, relating to 135

Industrial and social statistics of the Commonwealth, abstract of, to be

completed and published 243

Insane, homoeopathic treatment of, subject to be considered by governor

and council, and report to be made 248

Insurance Company, Massachusetts Hospital Life, relieved from making

certain returns 66

Mercantile Fire and Marine, name established 14

Mercantile Marine, name changed 14

Insolvent savings banks, receivers to deposit books and papers with com-
missioners of savings banks 62

Inspection and analysis of intoxicating liquors, regulated . . . 177
Inspection and construction of factories, public buildings and tenement

houses; fire escapes 210

Inspection and sale of kerosene, etc., relating to 195

Inspection of buildings, elevators, etc., relating to 156

Inspection of buildings in the city of Boston 196

Institute, Essex, may hold additional personal estate .... 37

Institute, Peabody, in Danvers, incorporated 66

Intelligence offices, etc., keepers of, fees for licenses 203

International Trust Company may make additional investments . . 84
Intoxicating liquors, licenses for sale of, void, if view of premises is

obstructed; statements of sureties on bonds .... 204
licenses for sale of, not to be granted in any place on the same

street within four hundred feet of a public school . . . 176

inspection and analysis of 177

advertising applications for licenses for sale of, in the city of

Boston 178

Investment of the funds of the Commonwealth regulated ... 96

Investments of savings banks, etc., regulated 179, 182

Job's Neck Pond, in Edgartown, fisheries regulated 75

Judge of probate and insolvency for Middlesex county, salary estab-
lished 96

Juries, sheriffs', compensation of officers in attendance upon ... 73
Jurisdiction ceded to the United States over certain land for use of the

United States fish and fisheries commission .... 97

Juvenile offenders under age of twelve years, arrest and commitment of, 96

Katama Land Company, time for organization extended .... 74

Kerosene, inspection and sale of ' . . . 195

Labor, bureau of statistics of, to investigate the liability of employers

for injuries received by their employes 242

to complete and publish an abstract of the social and industrial

statistics of the Commonwealth 243

xiv Index.

rage
Land, jurisdiction of, ceded to the United States for use of United States

fislj and lisliei'ies commission 97

Land may he taken or leased by the {governor and council for the use of

the departments of the Commonwealth 205

Land Company, Katama, time for organization extended . ... 74
Landing-place in the citj' of Lowell, part of, may he discontinued . . 49
Landing-places, common, location of, to he deteiiuined by county com-
missioners 81

Lands, petitions for partiiion of, publication of notices .... 49

Lands of Marshpee Indians, disjiositioti of 109

Lawrence, city of, may maintain sewers in the valley of the Spicket

River for imiiroving drainage, etc 124

Law library associations, annual payments to 193

Legion of Hor.or, Supreme Council American, may hold annual meet-
ings without the Commonwealth 53

Library, state, allowance for clerical assistance 36

annual allowance for jinrcliase of books, etc 150

Library associations, law, annual payments to 193

Licenses, of keepers of intelligence oiifices, billiard rooms, etc., fees for . 203
for sale of intoxicating liquors, not to be granted in any place,
on the same street, within four hundred feet of a public

school 204

for sale of intoxicating liquors to be void if view of premises

licensed is obstructed 204

sureties on bonds .1 204

for sale of intoxicating liquors in the city of Boston, advertising

applications for 178

Life Insurance Company, Massachusetts Hospital, relieved from mak-
ing certain" returns 66

Little River, wharf and bridge at, may be constructed by city of Haver-
hill 153

Loan and trust companies, general law for incorporation and regulation

of, to be reported to tlie next General Court .... 241
Logs and timber, transiiortation of, tipon the Connecticut River, regu-
lated 235

Lobsters, penalty for taking, from traps, etc., witliout consent of owner, 48
Lobsters, female, penalty for catching or selling, during the mouth of

July 74

Lobsters and other useful fish, exclusive riglit to cultivate, in Granite or

Goose Cove Pond, granted to David Rabson .... 118

Locations of railroads, in relation to filing of 108

Locks and Canals on Merrimack River, proprietors of, may discontinue

part of the lower free landing 49

Locomotive boilers to be tested under regulations prescribed by the

railroad commissioners 60

Logs, transportation of, in Connecticut River, regulated .... 235

Longfellow Memorial Association, incorporated 191

Lowell, city of, police court of, .salary of clerk 52

city of, Merrimack River, improvement of channel in ... 68

city of, part of lower free landing may be discoutiuued in . . 49

Lowell Hosiery Company may increase capital stock 54

Lunatic hospital, state, at Danvers, allowance to trustees. . . . 248
at Taunton, tiustees of, may exchange land with the Old Colony

Railroad Compauy 246

Index. xv

Page
Lunatic hospital, state, at Taunton, allowance to trustees of . . 249

at "Worcester, allowance to trustees of 249

Lynn, Young Meu's Christian Association of, may hold additional estate, 40
Lynn and Boston Railroad, location and construction of tracks of . . 67

Magginnis, William, allowance to 239

Maney, Tliomas F., allowance to 249

Manufacturing Company, Ames, may increase capital stock ... 96

Pocasset, in Fall River, amount of capital stock determined . . 127
the Rogers and Spurr, name changed to tlje Spurr Manufacturing

Company 156

A. F. Towle & Son, of Newburyport, name changed . . . 181
Manufacturing, mercantile, and mechanical establishments, preservation

of health of women emploj'ed in 109

Marlborough, police court of, established 183

Married women, distribution of personal estate of 101

Marshpee Indians, disposition of remaining lands of 109

Marshfield and Scituate, bridge between 70

Mason and Hamlin Organ Company, name changed to Mason and Ham-
lin Organ and Piano Company 45

Massachusetts Agrictiltural College, agricultural experiment station to

be established at 172

additional copies of report of trustees to be printed .... 245

allowance to 250

Massachusetts Charitable Eye and Ear Infirmary, allowance to . . 241
Massachusetts Hospital Life Insurance Company relieved from making

certain returns 66

Massachusetts School for Idiotic and Feeble-minded Youth, allowance

to trustees of 251

Massachusetts volunteer militia, commissioned officers of, acts confirmed

and rank determined 237

compensation of 133

portion of, to be exercised in the manual and drill of heavy artil-
lery 73

Mayor, in case of death, etc., of, chairman of the board of aldermen or

president of the common council to act 136

Mayor and aldermen, construction of words in laws relating to cities . 122

Mayors of cities, power to vote as presiding officers, defined . . . 134
Memorial of the late Col. Robert G. Shaw may be placed upon the state

house gi'ounds 251

Memorial yVssociation, Longfellow, incorporated 194

Memorial cemetery in the town of Westborough, concerning . . . 184

Memorial day, associations composed of soldiers may parade on . . 134

Mercantile Fire and Marine Insurance company, name established . 14

Mercantile Marine Insurance Com]iany, name changed .... 14

Merrimack Bridge, Essex, reconstruction of part of 77

Merrimack Rivur, improvement of channel in city of Lowell ... 68

fisheries in, regulated 122

Messages, special, of the govei'nor to the legislature 277

Messengers and doorkeepers of senate and house, compensation of . . 203

XVI

Index.

Pago
Middlesex county, judge of probate and insolvency for, salary estab-
lished 96

commissioners of, may repair, etc., Louse of correction at Cam-
bridge 110

Middlesex, Eastern, district court of, first, salaries of justice and clerk, 67, 192

Eastern, third and fourth district courts established . . . 183
Southern, district court of, first, town of Hopkinton not included

in judicial district of 124

Milford Pond, fisheries in, regulated 142

Milford Water Company may take real estate in Hopkinton . . . 141
Militia, Massachusetts volunteer, portion of, to be exercised in the man-
ual and drill of heavy artillery 73

compensation of 133

ofiScers of, acts confirmed and rank determined .... 237

Mining, quarrying and oil companies, foreign, relative to taxation of . 78

Monatiquot Kiver, bridge over, to be rebuilt . . . . . . 37

Mortgaged real estate assessment of taxes upon 131

Mortgage, undischarged, after twenty years of uninterrupted possession
by mortgagor, and decree entered by court, no action to be

brought to enforce title 185

sale of real estate by savings banks, acquired by foreclosure of . 152

Mortgages, sales under power of sale in 61

Municipal court of the city of Boston, additional associate justice for . 41
of the East Boston district, town of "Winthrop to be in judicial

district of 107

of the South Boston district, salary of justice, etc 193

Municipal courts of the city of Boston, salaries of justices, clerks, etc. . 192
in the city of Boston, certain, when justice is absent the justice of

another court may preside 41

Municipal indebtedness, annual proportionate payments of, may be

made instead of establishing sinking-funds 97

Names, change of

National Tube "Works Company may increase capital stock
Neglected and indigent children, relating to ....
New Bedford, city of, allowance to the overseers of the poor of
New England Conservatory of Music may hold additional real and

sonal estate

New England Quick Transit Steamship Company, incorporated
New England Trust Company, investments by .
New Home Sewing Machine Company, name established .
New York and New England Railroad Company, shares of

monwealth in, may be sold or exchanged
Newburyport, police court of, salaries of justice and clerk
Newton, city of, may lay out parks and public squares

charter revised

Normal school of the city of Boston, teachers in service of the

be instructed in

Normal school, state, at Bridgewater, allowance for repairs at

at Framinghaui, allowance to

at Worcester, allowance to

the

city

per

Com

290

135

240

100

187

192

157

99
241
251
242

Index. xvii

Page

138
40

145
19
38
90

North Adams, aqueduct rigbts in, to supply the Troy and Greenfield

Railroad with water

North Bridge water Gas Light Company, name changed

Northborough, town of, water supply for

Norwood, First Congregational Parish in, organization confirmed
Notices in cases of injui-y received on highways, relative to
Notre-Dame Academy, in Boston, proceedings confirmed .

Ocean Pier and Point of Pines Railroad Company, name established . 14

Ocean Terminal Railroad, Dock and Elevator Comj^any, relating to . 71
Oflicers in attendance upon sheriffs' juries, compensation of . . .73

in attendance upon the supreme judicial and superior courts in

Suffolk County, compensation of 182, 193

fees of, for summoning witnesses in criminal cases .... 174

Oils, inspection and sale of certain 195

Old Colony Railroad Company may take land in Braintree and Boston . 27

may take lease of Fall River Railroad 52

may exchange land with trustees of lunatic hospital at Taunton . 246

Old Colony, and Boston, Clinton and Fitchburg Railroads may unite . 63

Old Colony and Hingbam Steamboat Company, name changed . . 65

Old Men's Home, Salem, name changed 145

Omissions in the registration of voters, correction of . . . . 193, 212

Organ Company, Mason and Hamlin, name changed 45

Organ and Piano Company, Mason and Hamlin, name established . . 45

Otis, town of, allowance to 246

Paper to be used under the contract for the state printing to be pur-
chased by the secretary of the Commonwealth .... 252
Parade in public with arms i^ermitted to associations composed of sol-
diers at the decoration of soldiers' graves 134

Pardon, imprisonment of convict in case of violation of conditions of . 151

Park, public, may be laid out in Abingtou 15

may be laid out in Quincy 56

Parks, public, in the city of Newton 41

may be laid out by cities and towns 114

Partition of lands, publication of notices of petitions for . . . . 49

error in Public Statutes, corrected 13

Paupers, cost of support may be recovered against, by cities and towns, 83

Peabody, town of, parcel of land in, aunexed to Salem .... 83

Peabody Institute in Danvers, incorporated 66

Personal estate, subject to taxation, relating to 61

of insolvents, joint owners, etc., relating to 122

of married women, distribution of 101

Petersham and Dana, towns of, boundary line between, established . 108

Petitions for partition of lands, publication of notices of . . . . 49

Petroleum, products of, not to be sold unless inspected .... 195
Pilots, additional, may be appointed for ports other than the port of

Boston .... - 130

Pine Grove Cemetery Association in Sheffield, incorporated ... 32

xviii Index.

Page
Pistols, toy, and other dangerous articles, sale and use of, may be regu-
lated by cities and towns 230

Plymoutb, town of, may appropriate money for celebrating Forefathers'

day 17

Pocasset Manufacturing Company of Fall River, amount of capital

stock determined 127

Police commissioners, hoard of, attendance of witnesses before . . 211

Police court of Brookline, establislied 183

of Cambridge, abolished 184

of Chelsea, clerk to he appointed 132

of Fiichhurg, salaries of justice and clerk 192

of Haverhill, salaries of justice and clerk 192

of Lowell, salary of clerk 53

of Marlborough, established . . 183

of Newbnryport, salaries of justice and clerk 192

of Somerville, salaries of justice and clerk 192

Police, district and municipal courts, tiling bonds in appeals in civil

cases, relating to 73

Police Relief Association, Boston, charter amended 62

Poor convicts, discharge of, relating to 152

Power of sale in mortgages, sales under, regulated 61

Primary school, state, at Monson, allowance to 246

Printing, committee on, to sell the tyi)e used in printing the Public

Statutes 244

state, paper to be used under contract for, to be purchased by the

secretary of the Commonwealth 252

state, to be furnished by contract 252

Prison, state, allowance for improvements at 257

officers of, and their salaries 153

additional clerical assistance 248

Prison for women, reformatory, burial place to be provided at . . . 173

Prison and hospital loan sinking fund, relating to 36

Prisoners, remand of, in case of violation of CvUiditions of pardon . . 151
punishment for escape when emjjloyed outside of their places of

confinement 151

may be temporarily removed to hospitals for surgical treatment . 156
may he imprisoned in jail for an offence punishable by confinement

in the house of correction, etc 189

Prisons, commissioners of, reports of arrests to be made monthly to . 180
Prisons, commissioners of, to prescribe forms of blanks for certain court

returns 179

Probate and insolvency, assistant register of, for Suffolk County, salary

established 104

judge of, for Middlesex County, salary established . . . . 96

Probation ofHccrs for the city of Boston, additional, may be appointed . 94
Property held for benevolent, literary or scientilic purposes, returns of,

to be made on or before the first day of July .... 175
Proprietors of the locks and canals on Merrimack River may discon-
tinue part of a landing-i)lace 49

Public documents, distribution of 118

Public park may be laid out in Abington 15

may be laid out in Quincy 56

Public parks in the city of Newton 41

may bo laid out by cities and towns 114

Index. xix

Page

PuTdIIc Statutes, certain errors corrected 13

printing of auieiulments and corrections 237

Public scliools, licenses for sale of intoxicating liquors not to be granted

in place witliin a certain distance of 204

statutes relating to, to be published, etc 245

Quincy, town of, may take part of burial ground for enlargement of

town ball 20

may lay out a public park 56

allowance to • 243

Railroad cars to be furnished with certain tools, etc 48

Railroad coniiuissioners to make and i^ublish regulations for testing

boilers of locomotives 60

appeals to, from decisions of county commissioners relative to

crossing of ways or severance of private lands by railroads . 98

to re-locate passenger station at Stockbridge, on the Stockbridge

and Pittsfield Railroad 50

to consider and report upon railroad crossings in the northerly part

of the city of Boston 249

Railroad companies, filing of locations by . . . . . . . 108

Railroad corporations not to discriminate in 'freight rates . . . 72,179

emjiloycs of, may form relief societies 191

estalilishment of 208

Railroad CoKrouATioNs:

Boston and Albany Railroad, stock of the Commonwealth in, to

be exchanged for bonds 90

Boston, Clinton, Fitchburg and New Bedford Railroad may unite

with Old Colony 63

Eastern Railroad, to reconstruct draw pier of bridge over Merri-
mack River 155

Eastern Railroad may issue preferred stock in exchange for certifi-
cates of indebtedness 132

Eastern Junction, Broad Sound Pier and Point Shirley Railroad

may change name 14

Fall River Railroad may lease its road to Old Colony Railroad . 52

Hartford and Connecticut Valley Railroad may build road in

Massachusetts 85

Housatuuic Railroad, re-location of passenger station at Stock-
bridge ,50

Lynn and Boston Railroad, location and construction of tracks of, 67

New York and New England Railroad, stock of the Common-
wealth in, may be sold or exchanged 187

Ocean Pier and Point of Pines Itailroad, name established . , 14

Ocean Terminal Railroad, relating to 71

Old Colony Railroad may take laud in Braintree and Boston . 27

Old Colony Railroad may exchange land with trustees of lunatic

hospital at Taunton 246

Old Colony Railroad may take lease of Fall River Railroad . . 52

XX Index.

Page
Railroad Corpobations — Concluded.

Old Colony, and Boston, Clinton, Fitchburg and New Bedford

Railroads may unite 63

Troy and Greenfield Railroad, water supply for, in North Adams, 138
Troy and Greenfield Railroad and Hoosac Tunnel, appropriation

for double tracking and improvement of . . . . . 174
Troy and Greenfield Railroad and Hoosac Tunnel, and Austin

DeWolf and others, award of arbitrators between, confirmed . 244

Railroads, relating to fencing of 121

in the northerly part of the city of Boston, railroad commissioners

to consider and report concerning grade crossings . . . 249
operated by steam power not to be allowed within three miles of
the state house without consent of the railroad commission-
ers, etc 209

filing locations of 108

Railway Company, Charles River Street, incorporation and locations

confirmed 129

Real estate of illegitimate children, descent of 97

Real estate, mortgaged, assessment of taxes upon 131

settlement of titles to 185

sold for taxes and other assessments, redemption of . . . 190
Receivers of insolvent banks to deposit books and papers with commis-
sioners of savings banks 62

Records of votes, correction of errors in 35

Redemption of estates sold for taxes and otlier assessments . . . 190

Reformatory prison for women, burial place for prisoners dying in . 173
Register of probate and insolvency, assistant, for Suffolk County, salary

established 104

Registration of voters in cities, making corrections in, etc. . . . 193

in cities and towns, correction of errors in 212

Rehoboth, town of, Baker and Horton Cemetery Association in, incor-
porated 62

Relief societies may be formed by employes of railroad and steamboat

corporations 191

Religious societies. (See Societies.)

Report of the Trustees of the Agricultural College, additional copies to

be printed 250

Reports of cases of contested elections to be published .... 257
Representatives in the congress of the United States, districts for choice

of, established 198

Returns, election, correction of errors in 35

Returns, of property held for literary, benevolent, etc., purposes, to be

made on or before the first day of July 175

Revere, town of, water supply for 101

Revere Water Company, incorporated 101

Review, writs of, staying or superseding executions by .... 195

Rice and Hutchins, allowance to 246

Rocks Bridge, over Merrimack River, to be reconstructed . . . 139
Rogers and Spurr Manufacturing Company, name changed to the Spurr

Manufacturing Company 156

Ross, Fanny, allowance to 242

Roxbury district, municipal court of, salaries of constables . . .193

Index. xxi

rage
Saint Elizabeth's Tlospital for "Women, articles of association confirmed,

and name clianged 83

Saint John's Catliolic Total Abstinence and Mutual Relief Society may

hold additional estate 47

Salary of the district-attorney for tlie eastern district .... 117

Salaries of clerks of commissioners of saviiij^< hanks established . . 103
of certain justices, clerks and other court officers establislied,

52, G7, <M, 104, 102, 103

of justices of the superior court 153

Salem, city of, parcel of land in Peahody annexed to 83

Salem, city oE, may take lands and flats in tlie South Mill Pond . . 143

Saleu] Old Jlen's Home, name chanjjed . 115

Salem Seamen's Orphan and Children's Friend Society may hold addi-
tional estate 181

Sales of real estate by savings banks, etc 152

Sales under jiower of sale in mortgages regulated fil

Sandistleld, town of, allowance to 24G

Sauford Steamship Company, name changed 17

Saving fund and loan associations, co-operalive, relating to . . . 105

Savings B;ink, Warren, incorporated 37

Savings banks, commissioners of, salaries of clerks established . . 108
Savings banks, insolvent, receivers of, to deposit books and papers with

commissioners of savings banks G2

Savings banks and institutions for savings, names of boards of invest-
ment to be published 47

investments of, in stock of banks, limited 170

may make additional investments 182

time extended to, for selling real estate acquired by foreclosure of

mortgage, etc 152

School, "Wlieelwright Scientific, incorporated 31

School district system abolished 17G

Schools, public, licenses for sale of intoxicatingliquors not to be granted

in any place within four hundred feet of buildings occupied by, 204

statutes relating to, to be published and distributed . . . . 243

Scituate and Marshfield, bridge between 70

Sealers of weights and measures in cities, appointment of . , , 41
Seats to be provided for females employed in mercantile, etc., estab-
lishments 100

Second Parish of Dedham, re-organization confirmed; and the proprie-
tors of the Congregational meeting house in the Second or

South Parish in Dedham dissolved 19

Secretary of the Commonwealth, to furnish certain newspapers with

abstracts of returns of votes 35

to purchase paper to be used for state printing 252

to publish statistics of divorce 148

Seines, penalty- for taking fish from, without consent of owner . . 48
Senate and house of reiiresentatives, compensation of assistant clerks,

doorkeepers, messengers, etc., of 203

Sentences and transfers of prisoners, relating to 189

Sewing Maciiine Coiiipany, Gold Medal, name changed ....

xxii Index.

rage

Sewing Machine Company, New Home, name established ... 8

Settlement of titles to real estate, relating to 185

Shaw, Col. Robert G., memorial of, may be placed upon the state house

grounds 251

Sheriffs' juries, oflicers in attendance upon, compensation of . . . 73

Sinking fund, jirison and liosjjital loan, increase of 36

Social and industrial statistics of the Commonwealth, abstract of, to be

completed by bureau of statistics 243

Societies, relief, may be formed by emijloye's of railroad and steamboat

corporations 191

Societies:

Societe' Franco-Beige de Secours Mutnels et de Bieufaisance, name
changed to La Pre'voyance, Socie'te de Secours Mutuels de

Langue Fran(;aise 50

Dedham, Second Parish of, re-organization as First Congregational

Parish in Norwood, confirmed 19

Dorchester, First Parish in, may sell real estate .... 59

Housatonic Agricultural, may hold additional real estate . . 38

First Universalist, in Attleborough, doings confirmed ... 51
St. John's Catholic Total Abstinence and Mutual Relief, Tuay hold

additional estate 47

Salem Seaman'.s Orphan and Children's Friend, may hold addi-
tional estate 181

Soldiers, associations composed of, may parade with arms at the decora-
tion of soldiers' graves 134

Soldiers, disabled, employment bureau, allowance to .... 248

Somerville, police court of, salaries of justice and clerk .... 192
Somerville Wharf and Improvement Company allowed further time to

organize 65

South Adams fire district may take the water of Dry Brook in towns of

Windsor, Cheshire and Adams 55

South Beach in Edgartown, ditching of 77

South Boston, fiats at, may be purchased by harbor and land commis-
sioners 240

South Boston district, municipal court of, salarj* of justice, clerk, etc. . 193
South Congregational Cemetery Association in town of Dennis, incor-
porated 59

South Cove Corporation, charter extended 37

Spencer, water supply for 87

Spencer Water Company, incorporated 87

Spicket River, city of Lawrence may improve drainage in the valley of . 124

Spurr Matiiifacturing Company, name established 156

State almshouse at Tewkslniry, liarn accommodations to be increased at, 239
State camp-ground at Framinghaui, state encampment at, by the Grand

Army of the Republic 241

State house, allowance for improvements in basement of . . . . 240

State house, allowance for repairs upon 257

State house grounds, memorial of the late Col. Robert G. Shaw may be

placed upon 251

State library, allowance for clerical assistance 3i»

State library, annual allowance for purchase of books, etc. . . . b"'0

State normal school buildings at Biidgewater, allowance for repairs at . 211

State normal school at Framinghaui, allowance for repairs, etc. . . 251

Index. xxiii

Page

State normal scliool at "Worcester, allowance to 242

State primary scliool at Monsou, allowance to 246

State printing, to be furnished by contract 252

paper to be used under contract for, to be purchased by the secre-
tary of the Commonwealth 252

State prison, officers of, and their salaries 153

additional clerical assistance for 248

allowance for improvements at 257

State tax of two million dollars, apportioned and assessed . . . 214
Statistics of divorce to be published by the secretary of the Common-

Avealth 148

Statutes, Public, certain errors in, corrected 13

Statutes, Public, printing of amendments and corrections in . . . 237

Statutes, general, tables of changes in, to be published annually • . 186

Staying or superseding of executions by writs of review .... 195
Steamboat Company, Old Colony and Hingham, name changed to Hing-

ham, Hull and Downer Landing Steamboat Company . . 65

Steamboat corporations, employes of, may form relief societies . . 191

Steamship Company, Boston and Bangor, name established ... 17

New England Quick Transit, incorporated 54

Sanford, name changed 17

" Stickers," so called, not to be counted as ballots 204

Stockbridge, re-location of passenger station at . . .• . . . 50

Storage of gunpowder and other explosive compounds .... 212
Street Railway Company, Charles River, incori^oration and locations

confirmed 129

Striped bass and bluefish in waters of Edgartown, protection of . . 53

Sturgeon fishery in the Merrimack River, relative to 122

Subterranean Cable Company of Boston, charter amended . . . 123
Suffolk district, first and second assistant district-attorneys for, sala-
ries of 193

Summoning witnesses in criminal cases, fees of officers for . . . 174

Superior court, salaries of justices 155

Superior court in the count}- of Suffolk, salaries of officers . . . 193
Supreme Council American Legion of Honor may hold annual meet-
ings without the Commonwealth 53

Supreme judicial court, establishment of exceptions by ... . 186
Supreme judicial court, for Suffolk County, compensation of officers in

attendance upon 182

Sureties in criminal cases, deposit of money in lieu of furnishing . . 98

Surgical treatment of certain prisoners in hospitals 156

Tables and indexes of changes in general statutes to be prepared annu-
ally, and printed with the laws published 186

Taunton, city of, may increase its water loan 118

charter revised 162

Tax bills, correction of names upon 193

Tax, state, of two million dollars, apportioned and assessed . . . 214

Tax commissioner, to furnish assessors with certain printed forms, etc., 175

Taxation, personal estate subject to (il

Taxation of costs in civil actions, aj)peals from 184

xxiv Index.

Page

Taxation of foreign raining, quarrying and oil companies, relating to . 78

Taxes, county, granted 250

aliatenient of, i>ayment of costs in 1"6

on tlie personal estate of insolvents, joint owners and tenants in

common, assessment of 1-2

upon mortgaged real estate, assessment of l-'l

Taxes and otiier assessments, redemption of estates sold for . . . IHO

Templeton, town of, allowance to overseers of tlie poor of . . . 21)9

Tenement and lodging houses, to be ]irovided with fire escapes . • 210

Tenney, David B., city treasurer of Haverhill, allowance to . . . 238

Tisbury and Chilmark, towns of, boundary line established ... 38

Titles to real estate, settlement of 185

Tolland, town of, allowance to 2iG

Towle, A. F., & Son, Manufacturing Company of Newbviryport, name

changed 181

Towxs :

Abington may lay out a public park 15

Acton may raise money to pay certain soldiers' bounties . • 72

Adams may raise money to pay exiJenses of division of town . 71

Andover may pay certain bounties ii3

Braintree to build bridge over Monatiquot River .... 37

Cliarlemonr, allowance to 244

Chilmark, boundary line between Tisbury and, established . . 38

Clinton, water supply f(jr 18

Dnxburj' may discontinue draw in bridge over Blue Biver . . 32

Edgartown, protection of striped bass and bluefish in waters of . 53

Essex may pay a bounty to Lyman H. Chase 53

Hojikinton, proceedings of town meeting confirmed . . . 200
Hopkinton not to be incliuled in the judicial district of the first

district court of Southern Middlesex 124

Hopkinton may issue water bonds, etc 13(5

Hopkint(ni, certain real estate in, may be taken by Milford Water

Company 141

Northhorougli, water supply for 145

Otis, allowance to 24G

Peabody, parcel of land in, annexed to Salem 83

Plymouth may appropriate money for celebration .... 17
Quincy may take part of burial ground for enlarging the town

hall 20

Quincy may lay out a public park 5(5

Quincy, allowance to 243

Sandistield, allowance to 24(i

Spencer, water supply for 87

Templeton, allowance to overseers of poor of 23!)

Tisbury, boundary line between Chilmark and, established . . 38

TiiUand, allowance to 240

Tyringham, iiroccedings at town meeting contirmeil , . . 205

AV;iyland may raise money to complete water works . . . !I3

Winchester may issue adtlitional water bonds 32

Winihrop, included in the judicial district of the municipal court

of East Boston 107

Towns and cities may provide for the preservation, etc., of forests . 20<»

piay recover from jiauper the cost of his support .... 83

Index. xxv

Page

Towns and cities, payment of indebtedness 97

may lay out public parks witliin their limits 114

correction of errors in registration of voters 212

may rejj;nlate the sale of toy pistols, etc 230

may rogtiiate the sale of kerosene, etc I'Ja

Toy i)istols and other dangerous articles, sale and use of, may be regu-
lated by cities and towns 2'^0

Transfers and sentences of prisoners 189

Transportation of logs and timber upon the Connecticut IMver regu-
lated 235

Traps, penalty for taking fish and lobsters from, without consent of

ownei"s of 48

Trawls, traps and seines, penalty for taking fish and lobsters from, with-
out consent of owners of 48

Treasurer and receiver-general, relative to accounts of . . . • 81

additional clerical assistance for 83

to assign to the Boston and Albany Railroad Company the stock

of the Commonwealth in exchange for bonds .... 90
may sell, or exchange for bonds, shares of stock in the New York

and New England Eailroad 187

may borrow money in anticipation of the revenue .... 238
to transfer certain sums of money to the Hospital Loan Sinking

Fund 238

Trees, forest, preservation and culture of, by cities and towns , . . 200

Troy and Greenfield Railroad, water supply for, in North Adams . . 138
Troy and Greenfield Railroad and Iloosac Tunnel, and Austin De Wolf

and others, award of arbitrators betweeti, confirmed . . 244
Troy and Greenfield liailroail and Hoosac Tunnel, appropriation for

double tracking and improvement of 174

Trust Compan3', New England, investments by Gi

Trust Company, International, may make additional investments . . 84
Trustees of the Chai)ter of the Chi Psi Fraternity in Williams College,

incorporated 51

Trustees of the James W. Hale Fund, incorporated 43

Trust companies, loan and, general law for incorporation, etc., of, to be

reported to the next general court 241

Tube Works Company, National, may increase capital stock ... 28

Turner's Falls Company may confirm certain deeds and leases . . 128

Type used in the publication of the Public Statutes to be sold . . . 244

Tyringham, town of, proceedings at town meeting confirmed . . . 205

United States, land ceded to, for use of the United States fish and fish-
eries commission 97

Vacancies in the office of mayor, relating to 13G

Veteran Association of the Independent Corps of Cadets may hold addi-
tional estate 75

Veteran Corps, Boston Light Infantry, incorporated 94

xxvi Index.

Page
Victuallers, common, to keep premises closed between hours of twelve

at ni.i;lit and five in tlie morning 189

Volunteer militia, Massacbusetts, portion of, to be exercised.in the man-
ual and drill of heavy artillery 73

compensation of l."3

coinmissioued officers of, acts confirmed and rank determined . 237

Volunteers, payment of bounties regulated 82

Voters, correction of errors in registration of .... . 193, 212
Votes, abstracts of returns of, to be furnished by the secretary to cer-
tain newspapers 35

correction of errors in records of 35

counting of, " stickers," so called, not to be counted . . . 204

"War records in department of the adjutant-general, work on, to be con-
tinued 247

Warren and Charles River bridges, rights of the Commonwealth in, may

be assigned to Boston when new bridge is built .... 100

"Warren Savings Bank in Warren, incorporated 37

Water bonds, city of Brockton may issue additional 140

town of Hopkintou may issue 13G

town of Winchester may issue additional 32

Water Company, Dedham, may sell property to town of Dedham . . 17

Gardner, incoriiorated 105

Milford, may take real estate in Hopkiuton 141

Kevere, incorporated 101

Spencer, incorporated 87

Water supply for town of Brockton 140

for town of Clinton 18

for town of Gardner 105

for town of Hopkinton 136

for town of Northborough 145

for town of Revere 101

for South Adams fire district 55

for town of Spencer . 87

for tlie Troy and Greenfield Railroad in North Adams . . . 138

for town of Wayland <>3

Way estate, in Boston, may be taken or leased for the use of the various

departments of tlie CommonwealMi 205

Wayland, town of, nuxy raise money to complete water works ... 93

Weights and measures, ajipointment of sealers of, in cities ... 41

Westl)orongh, town of. Memorial Cemetery in 184

Whall, William B. F., allowance to 243

Wliarf at outlet of Little River may be constructed by city of Haverhill, 153

Wharf Company, Conniiercial, cliart(;r ext«;nded 40

Wharf and Improvement Company, Somerville, allowed further time to

organize G5

Wlieelwriglit Scientific School, iiicoriiorated 31

Wliitc's Ferry Briilge Company, incorjiorated 70

Williams College, Trustees of the Chapter of the Chi Psi Society of,

incorjKn-ated 51

Wiuchesler, town of, may issue additional water bonds .... 32

Index.

XXVll

Page
■Winnisimmet Company may fund debt and secure payment by mort-
gage 44

Winthrop, town of, included in the judicial district of the municipal

court of the East Boston district 107

Witnesses in criminal cases, fees of officers for summoning . . . 174
Witnesses before a hoard of police commissioners, attendance of . . 211
Womeu, eniploj^ed in manufacturing, mechanical and mercantile estab-
lishments, preservation of the health of 109

may be admitted to practice as attorneys-at-law .... 100

married, distribution of personal estate of 101

reformatory prison for, burial place to he provided for . . . 173
Women, Aged, Home for, in Boston, may hold additional estate . . 47
Worcester, city of, time extended for taking land for park and reser-
voir in 85

Central district court of, salary of assistant clerk .... 192

Eastern, second district court of, salaries of justice and clerk , 192

Southern, third district court of, salary of justice .... ]92

Writs of review, staying or superseding executions by ... . 195

Young Men's Christian Association of Lynn may hold additional real

and personal estate 40

APPENDIX.

[The following tables have been prepared b}^ Jabez Fox, Esq., appointed
to that duty under chapter two hundred and thirt^'-eight of the acts of the
present j'ear, which authorized the governor to appoint some person to
prepare " tables showing what general statutes have been affected by sub-
sequent legislation in such manner as to furnish ready reference to all
changes in such statutes."

The same act authorized the governor to " cause to be prepared suitable
indexes to the legislation of the year; " but this work was left as usual
"With the secretary of the Commonwealth.]

A TABLE SHOWING WHAT PArvTS OF THE PUBLIC STATUTES HAVE
BEEN AFFECTED BY SUBSEQUENT LEGISLATION.

CHAPTER 1,

OF THE JURISDICTION OP THE COMMONWEALTH AND PLACES CEDED
TO THE UNITED STATES.

Sect. 4. Amended by St. 1882, c. 131.

CHAPTER 2.

OF THE GENERAL COURT.

Sects. 17, 18. Superseded by St. 1882, c. 257, §§ 2, 3.
Sect. 22. Superseded bv St. 1882, c. 257, § 1.
Sect. 27. Amended bv St. 1882, c. 257, § 4.
Sect. 34. Affected by St. 1882, c. 49.

CHAPTER 3.

OF THE STATUTES.

An act to define the meaning of the words "mayor and aldermen."
St. 1882, c. 164.

CHAPTER 4.

OF THE PRINTING AND DISTRIBUTION OF THE LAWS AND PUBLIC

DOCUMENTS.

An act to provide for the preparation of tables and indexes relating to
the statutes of the present year and subsequent years. St. 1882, c. 238.

Sect. 7. Amended by St. 1882, c. 6, § 1.
Sect. 10. Amended by St. 1882, c. 158.

CHAPTER 5.

OF THE STATE HOUSE, THE SERGE ANT- AT-ARMS, AND THE STATE

LIBRARY".

The State Library.

Sect. 18. "Two thousand" substituted for "eighteen hundred."
St. 1882, c. 29.

Sect. 20. Repeal and substitute. St. 1882, c. 196.

xxxii Public Statutes.

CHAPTER 6.

OF THE QUALIFICATIONS AND REGISTRATION OF VOTERS.

An act relating to the correction of names npon tax bills and to the
registration of voters in cities. St. 1882, c. 247.

An act to provide for tlie correction of omissions in the registration of
voters. St. 1882, c. 2G8.

CHAPTER 7.

OF THE MANNER OF CONDUCTIXO ELECTIONS AND RETURNING

VOTES.

An act concerning the correction of errors in copies of records of votes,
and the publicity of election returns. St. 1882, c. 28.

An act to prevent the counting of detached '"stickers," so called, as
ballots. St. 1882, c. 2G0.

Sect. 29. Amended by St. 1882, c. 74.

CHAPTER 9.

OF THE ELECTION OF REPRESENTATIVES IN CONG HESS, AND ELECTORS
OF PRESIDENT AND VICE-PRESIDENT.

Sects. 1, 2. Superseded by St. 1882, c. 253.

CHAPTER 11.

OF THE ASSESSMENT OF TAXES.

Sect. 4. " Or indebtedness" substituted for " due " in sixth line. St.
1882, c. 76.

Sect. 5, cl. 3. Affected by St. 1882, c. 217, §§ 2, 4.

Sect. 14. Amended by St. 1882, c. 175,

Sect. 20. Amended by St. 1882, c. 105.

Sect. 38. Atlected by St. 1882, c. 175 ; St. 1882, c. 217, §§ 1, 4.

Sect. 71. Amended by St. 1882, c. 218.

Sect. 90. See St. 1882, c. 217, § 3.

Sect. 91. Affected by St. 1882, c. 133, § 2.

Sect. 92. Affected by St. 1882, c. 252, § 5.

CHAPTER 12.

OF THE COLLECTION OF TAXES.

Sect. 39. Affected by St. 1882, c. 243, § 3.
Sect. 50. Affected by St. 1882, c. 243, §§1,2.

CHAPTER 13.

OF THE TAXATION OF CORPORATIONS.

Sect. 6. Affected by St. 1882, c. 217, § 3.
Sect. 43. Affected by St. 1882, c. 106.

Table of Changes. xxxiii

CHAPTER 14.

OF THE MILITIA.

Sect. 23. Amended by St. 1882, c. 97.

Sect. 01. See Res. 1882, c. 15.

Sect. 127. Amended hv St. 1882, c. 179,

Sect. 130. Amended by St. 1882, c. 178.

CHAPTER 15.

OF THE EXECUTIVE DEPARTMENT AND THE SECRETARY OF THE COM-
MONS WEALTH.

The Secretary.

Sect. 15. Repealed by St. 1882, c. 22G, § 3.

CHAPTER IG.

OF THE AUDITOR, TREASURER, AND MATTERS OF FINANCE.
Act fixing value of pound sterling. St. 1882, e. 110.

The Treasurer and Receiver-General.
Sect. 17. Affected by St. 1882, c. 111.

Matters of Finance.
Sect. 60. Affected by St. 1882, c. 130.

CHAPTER 17.

OF THE ATTORNEY-GENERAL AND DISTRICT-ATTORNEYS.

An act to provide for the appointment of an assistant district-attorney
for the eastern district. St. 1882, c. 157.

Sect. 15. Eastern district. St, 1882, c. 156, 157. Assistants in Suf-
folk. St. 1882, c. 245, § 2.

CHAPTER 19.

OF THE BOARD OF HARBOR AND LAND COMMISSIONERS.

Sect. 7. Harbor linos established at East Boston. St. 1882, c. 48.
Harbor lines established at Gloucester. St. 1882, c. 103.

CHAPTER 20.
OF THE STATE BOARD OF AGRICULTURE,
An act to establish an agricultural experiment station, St. 1882, c. 212.

xxiv Public Statutes.

TITLE VII.

OF TOWNS AND CITIES.

Act authorizing towns and cities to lay out public parks. St. 1882, c.
154.

An act authorizing towns and cities to provide for tlie preservation and
reproduction of forests. St. 1882, c. 255.

CHAPTER 28.

OF CITIES.

An act to define the meaning of the words " mavor and aldermen." St.
1882, c. 1G4.

An act in relation to vacancies in the office of mayor. St. 1882, c. 182.

Sect. 7. Amended by St. 1882, c. 180.

CHAPTER 29.

OF MUNICIPAL INDEBTEDNESS.

Sect. 9. Annual proportionate pavments instead of sinking fund. St.
1882, c. 133, § 1.

CHAPTER 40.

OF LIBRARY ASSOCIATIONS.

Law Libraries.

Sect. 6. "Two thousand" substituted for "fifteen hundred." St.
1882, c. 246.

CHAPTER 45.

OF SCHOOL DISTRICTS.

An act to abolish the school district system. St. 1882, c. 219.

CHAPTER 48.

OF THE EMPLOYMENT OF CHILD ItKN, AND REGULATIONS RESPECTING

THEM.

An act relating to indigent and neglected children. St. 1882, c. 181.
An act for the better protection of children. St. 1882, c. 270.

CHAPTER 49.

OF THE LAYINO OUT AND DISCONTINUANCE OF WAYS. AND OF DAM-
AGES OCCASIONED BY THE TAKING OF LAND FOR PUBLIC USES.

Act authorizing towns and cities to lav out public parks. St. 1882, c.
154.

An act to provide for determining the location of common binding places.
St. 1882, c. 109.

Sect. 47. Atfected by St. 1882, c. 9G.

Table of Changes. xxxv

CHAPTER 52.
OF THE REPAIRS OF WAYS AND BRIDGES.
Sect. 19. Amended by St. 1882, c. 36.

CHAPTER 53.

OF REGULATIONS AND BY-LAWS RESPECTING WAYS AND BRIDGES.

An act to authorize count}' commissioners to control travel over bridges
constructed or maintained in wliole or in part by a county. St. 1882, c.
108.

CHAPTER 59.
OF THE INSPECTION AND SALE OF CERTAIN OILS.
Sect. 7. Amended by St. 1882, c. 250.

CHAPTER 65.

OF WEIGHTS AND MEASURES.

Sect. 8. " Maj'or and aldermen " substituted for "city council." St.
1882, c. 42.

CHAPTER 69.
OF SHIPPING AND SEAMEN, HARBORS AND HARBOR MASTERS.
Harbors and Harbor Master's.
An act in relation to assistant harbor masters. St. 1882, c. 216.

CHAPTER 70.

OF PILOTS AND PILOTAGE.

An act authorizing the appointment of additional pilots for ports other
than the port of Boston. St. 1882, c. 174.

CHAPTER 74.
OF THE EMPLOYMENT OF LABOR.
Employers to provide seats for female employees. St. 1882, c. 150.

CHAPTER 77.

OF MONEY, BONDS, BILLS OF EXCHANGE, PROMISSORY NOTES, AND

CHECKS.

Sects. 1, 2. Act fixing value of pound sterling. St. 1882, c. 110.
Sect. 8. Amended by St. 1882, c. 49.

xxxvi Public Statutes.

CHAPTER 80.
OF THE PRESERVATION OF THE PUBLIC HEALTH,

Protection of Infants.

Sect. GO. See St. 1882, c. 270, § 3.

CHAPTER 84.

OF THE SUPPORT OF PAUPERS BY CITIES AND TOWNS.

Act giving towns a remedy against pauper for bis support. St. 1882, c.
113.

CHAPTER 86.

OF ALIEN PASSENGERS AND STATE PAUPERS.

Children.

State board of health, hinac}', and eharit}' to provide for indigent and
neglected children not having settlement. St. 1882, c. 181, §§ 2-4.

Sect. 4G. " Three " substituted for " two " in sixth line. St. 1882, c.
181, § 1.

CHAPTER 89.

OF THE STATE PRIMARY AND REFORM SCHOOLS, AND THE VISITATION
AND Rb:FORMATION OF JUVENILE OFFENDERS.

State board of health, lunacy, and charity to provide for indigent and
neglected children not having settlement. St. 1882, c. 181.

Sect. 18. Summons to be issued to children under twelve. St. 1882, c.
127, § 3.

Sects. 21, 2G-29. Children under twelve not to be committed to jail
for punishment or in default of bail. St. 1882, c. 127.

CHAPTER 91.

OF INLAND FISHERIES AND KELP.

An act relative to fishing in the Merrimack River. St. 1882, c. 1G6.
An act for the protection of traps, trawls, and seines. St. 1882, c. 53.
Acts concerning lisheries in Edgartown. St. 1882, c. Go ; St. 1882, c.
102.

Sects. 81, 82. Amended by St. 1882, c. 98.

CHAPTER 92.

OF THE PRESERVATION OF CERTAIN BIRDS AND OTHER ANIMALS.
Sects. 8, 10. Amended by St. 1882, c. 199.

CHAPTER 94.

OF TIMBER AFLOAT OR CAST ON SHORE.

Sect. 5. Affected by St. 1882, c. 274.

Table of Changes. xxxvii

CHAPTER 100.

OF INTOXICATING LIQUORS.

An act to prohibit the granting of licenses lui the sale of intoxicating
liquors within a certain distance of public schools. St. 1882, c. 220.

An act to fix the hours of closing premises occupied by common victual-
lers. St. 1882, c. 242.

An act to regulate the inspection and analysis of intoxicating liquors.
St. 1882, c. 221.

Sect. 6. Amended by St. 1882, c. 222.
Sects. 12, 13. Amended by St. 1882, c. 259.

CHAPTER 102.

OF LICENSES AND MUNICIPAL REGULATIONS OF POLICE.

Rockets, Gunpowder, Explosive Compounds, etc.

An act concerning the sale or use of toy pistols and other dangerous
articles. St. 1882, c. 272.

An act to provide for notice of the place of storage of gunpowder and
other explosive compounds. St. 1882, c. 269.

General Provisions.
Sect. 124. Amended by St. 1882, c. 258.

CHAPTER 103.
OF DISTRICT AND OTHER POLICE OFFICERS.
Sect. 10. Amended by St. 1882, c. 266, § 6.

CHAPTER 104.

OF THE INSPECTION OF BUILDINGS.

Sect. 14. Amended by St. 1882, c. 208.

Sects. 15, 20, 22-24. Amended by St. 1882, c. 266.

CHAPTER 112.

OF RAILROAD CORPORATIONS AND RAILROADS.

Organization under the General Law.

An act relative to the establishment of railroad corporations. St. 1882,
c. 265.

Embankments, Fences, etc.
Sect. 115. Amended by St. 1882, c. 162.

xxxviii Public Statutes.

Crossings.

Sects. 129, 138. Appeal from county commissioners to railroad com-
missioners. St. 1882, c. 135.

Equipment of Engines, Cars, Trains, etc.

Act requiring cars to be furnished with tools and safeguards against
fire. St. 1882, c. 54.

An act to provide for the testing of locomotive boilers. St. 1882, c. 73.

Sect. 171. Amended by St. 1882, c. 54, § 1.

Transportation of Merchandise.

Act to prevent discrimination in freight rates. St. 1882, c. 94, amended
by St. 1882, c. 225.

Offences and Penalties.
Sect. 205. Amended by St. 1882, c. 54, § 2.

CHAPTER 115.

OF ASSOCIATIONS FOR CHARITABLE. EDUCATIONAL, AND OTHER PUR-
POSES.

An act to authorize the formation of relief societies b}- the employes of
railroad and steamboat corporations. St. 1882, c. 244.
Act relating to beneficiary associations. St. 1882, c. 195.

Sect. 8. Amended by St. 1882, c. 195, § 2.
Sect. 11. Amended by St. 1882, c. 195, § 3.

CHAPTER 116.
OF SAVINGS BANKS AND INSTITUTIONS FOR SAVINGS.

An act to provide for the custod}' of books and papers of insolvent

banks. St. 1882, c. 77.

Commissioners of Savings Banks.
Sect. 2. Salaries of clerks increased. St. 1882, c. 148.

Deposits, Loans, and Investments.

Sect. ?0. Additional investments authorized. St. 1882, c. 231.
Sect. 20, cl. 4. Affected by St. 1882, c. 224.
Sect. 20, cl. 8. Allectod by St. 1882, c. 200.

Sects. 21-23. Names of members of board of investment to be pub-
lished. St. 1SH2, c. 50.

Table of Changes. xxxix

CHAPTER 117.

OF CO-OPERATIVE SAVING FUND AND LOAN ASSOCIATIONS.

Sects. 8, 9. Amended by St. 1882, c. 251, § 1.
Sect. 10. Aftected by St. 1882, c. 251, § 2.
Sect. 16. Amended by St. 1882, c. 251, § 1.

CHAPTER 125.
OF THE DESCENT OF REAL ESTATE.
Sect. 4. Amended by St. 1882, c. 132.

CHAPTER 135.

OF ALLOWANCES TO WIDOWS AND CHILDREN, AND OF THE DISTRI-
BUTION OF THE ESTATES OF INTESTATES.

Sect. 3. Distribution of personal estate of married women. St. 1882,
c. 141.

CHAPTER 146.

OF DIVORCE.
An act concerning statistics of divorce. St. 1882, c. 194.
Sect. 19. Amended by St. 1882, c. 223.

CHAPTER 152.
OF THE SUPERIOR COURT.
Sect. 28. Repeal and substitute. St. 1882, c. 205.

CHAPTER 153.

OF MATTERS COMMON TO THE SUPREME JUDICIAL COURT AND SUPE-

- RIOR COURT.

Sect. 13. Affected by St. 1882, c. 239.

CHAPTER 154.
OF POLICE, DISTRICT, AND MUNICIPAL COURTS.

An act to establish the third and fourth district courts of Eastern Mid-
dlesex, and the police courts of Marlborough and Brookline. St. 1882, c.
233.

An act to establish the district court of Hampshire. St. 1882, c. 227.

An act providing for a clerk of the police court of Chelsea. St. 1882,
c. 176.

Sect. 2. Hopkinton taken from district of first district court of South-
ern Middlesex. St. 1882, c. 169.

xl Public Statutes.

Appeals.

Sect. 39. Bond substituted for recognizance in appeals. St. 1882,
c. 95.

Municipal Courts.

Sect. 42. Amendment allowing interchange of duties. St. 1882, c. 43.
Winthrop included in district of East Boston municipal court. St. 1882,
c. 146.

The Municipal Court of the City of Boston.

Sect. 55. Number of associate justices increased to three. St. 1882,
0. 41, § 1.

Salaries.

Central Berkshire. St. 1882, c. 245, § 1.

Boston. St. 1882, c. 41, § 2 ; St. 1882, c. 245, § 1.

Brookline. St. 1882, c. 233, § 6.

Chelsea. St. 1882, c. 176, § 3.

East Boston. St. 1882, c. 245, § 1.

First Essex. St. 1882, c. 245, § 1.

Fitchburg. St. 1882, c. 245, § 1.

Hampshire. St. 1882, c. 227, § 2.

Haverhill. St. 1882, c. 245, § 1.

Lowell. St. 1882, c. 63.

Marlborough. St. 1882, c. 233, § 6.

First of Eastern Middlesex. St. 1882, c. 87 ; St. 1882, c. 245, § 1.

Third and fourth of Eastern Middlesex. St. 1882, c. 233, § 6.

Newbur^port, Roxburj', Somerville, South Boston, Central of Worcester,
Second of Eastern Worcester, Third of Southern Worcester. St. 1882, c.
245, § 1.

CHAPTER 155.
OF JUSTICES OF THE PEACE AND TRIAL JUSTICES.

Sect. 49. Children under twelve not to be sent to jail, etc. St. 1882,
c. 127, § 1.

CHAPTER 158.

OF JUDGES AND REGISTERS OF PROBATE AND INSOLVENCY.

Salaries and Fees.

Middlesex, judge. St. 1882, c. 129.
Suffolk, assistant register. St. 1882, c. 144.

CHAPTER 159.
OF CLERKS, ATTORNEYS, AND OTHER OFFICERS OF JUDICIAL COURTS.

Attorneys-((t-Latu.
Women allowed to practise law. St. 1882, c. 139.

Table of Changes. xli

Deputy Sheriff's and other Officers in Attendance upon Courts.

Sect. 68. Affected by St. 1882, c. 232.
Sect. 69. Affected by St. 1882, c. 245, § 3.

CHAPTER 160.

SPECIAL PROVISIONS RESPECTING COURTS AND THE ADMINISTRATION

OF JUSTICE.

Sect. 4. Affected by St. 1882, c. 49.

CHAPTER 167.

OF PLEADINGS AND PRACTICE.

Hearing, Trial, Evidence.

One of several shire towns may be designated for trial of case. St. 1882,
c. 264, § 2.

CHAPTER 169.

OF WITNESSES AND EVIDENCE.

Sects. 7, 8. Amended by St. 1882, c. 267.
Sect. 54. Amended by St. 1882, c. 140.

CHAPTER 176.

OF PETITIONS FOR THE SETTLEMENT OF TITLE.

Act providing for settlement of title when undischarged mortgage ap
pears of record. St. 1882, c. 237.

CHAPTER 178.

OF THE PARTITION OF LANDS.

Sect. 51. Amended by inserting " newspaper or." St. 1882, c. 55
Sect. 63. Amended by St. 1882, c. 6, § 2.

CHAPTER 181.
OF THE FORECLOSURE AND REDEMPTION OF MORTGAGES.
Foreclosure by Sale.
Sect. 17. Amended by St. 1882, c. 75.

CHAPTER 185.
OF HABEAS CORPUS AND PERSONAL REPLEVIN.
Habeas Corpus.
Sect. 18. Amended by St. 1882, c. 6, § 3.

xlii Public Statutes.

CHAPTER 187.
OF WRITS OF ERROR, AND WRITS OF AND PETITIONS FOR REVIEW.

Writs of and Petitions for Review.
Sect. 39. Amended by St. 1882, c. 249.

CHAPTER 198.
OF COSTS IN CIVIL ACTIONS.
Sect. 25. Superseded by St. 1882, c. 235.
Sect. 28. Changed as to term fees by St. 1882, c. 264.

CHAPTER 199.

OF THE FEES OF CERTAIN OFFICERS.

Sect. 6. An act fixing fees of oflScers for summoning witnesses in
criminal cases. St. 1882, c. 215.

CHAPTER 203.
OF OFFENCES AGAINST PROPERTY.

An act relating to the illegal taking and using of horses and carriages,
St. 1882, c. 236.

An act for the protection of forests against fires. St. 1882, c. 163.

CHAPTER 208.
OF OFFENCES AGAINST THE PUBLIC HEALTH.
An act relating to the adulteration of food and drugs. St. 1882, c. 263.

CHAPTER 212.

OF SEARCH WARRANTS, REWARDS, ARREST. EXAMINATION, COMMIT-
MENT, BAIL, AND PROBATION,

Arrest^ Examination, Commitment, and Bail.

Special provisions for arrest and bail of children under twelve. St. 1882,
c, 127,

Sect, 68, Repeal and substitute, St, 1882, c. 134,

Probation Officers.

Sect, 78, Amended by St, 1882, c, 125.

CHAPTER 215.
OF JUDGMENT AND EXECUTION.

Convicts may be sent to jail instead of house of correction, etc. St.
1882, c. 241, § 1.

Sect, 18, Rii>,ht to imprison eliildren under twelve restricted. St. 1882,
c. 127, § 1. ^

Table of Changes. xliii

CHAPTER 218.
OP FUGITIVES FROM JUSTICE, AND PARDONS.
Pardons.
Sect. 14. Amended by St. 1882, c. 197.

CHAPTER 219.

OF THE COMMISSIONERS OF PRISONS.

An act to provide for the surgical treatment of certain prisoners. St.
1882, c. 207.

Sect. 4. Transfer of prisoners from jail to house of correction. St.
1882, c. 241, § 2.

Reports and Returns.

An act in relation to blanks for certain court returns, and to reports of
arrests. St. 1882, c. 226.

Sect. 36. Repealed. St. 1882, c. 226, § 3.

CHAPTER 220.
OF JAILS 'AND HOUSES OF CORRECTION.

Sect. 2. Transfer of prisoners from jail to house of correction. St.
1882, c. 241, § 2.

Sect. 49. Amended by St. 1882, c. 6, § 4.

Sect. 50. An act to punish prisoners escaping from custody when em-
ployed outside of their places of confinement. St. 1882, c. 198.

CHAPTER 221.
OF THE STATE PRISON AND THE REFORMATORY PRISON FOR WOMEN.

Officers and Salaries.

Sect. 6. Repeal and substitute. St. 1882, c. 203, § 1.

Sect. 8. Amended by St. 1882, c. 203, § 2.

Sect. 11. Repeal and substitute. St, 1882, c. 203, §§ 3, 4.

CHAPTER 222.

SPECIAL PROVISIONS CONCERNING PENAL AND OTHER PUBLIC INSTI-
TUTIONS.

Sect. 17. Amended by St. 1882, c. 201.

A TABLE SHOWING THE SUBJECTS OF LEGISLATION IN 1882 WITH
EEFERENCES TO THE PUBLIC STATUTES.

ADULTERATION.

of food and drujjs, general provis-
ions concerning, relating to P. S.

c. 208 St. 1882, c. 2(>3

AGRICULTURE.

an agricultural experiment station
established, relating to 1'. S. c.

20 St. 1882, c. 212

ARREST.

returns of, to be made to prison com-
missioners, relating to P. S. c.
219, §§ 3I-;{9 . . . . St. 1882, c. 226
special provisions concerning chil-
dren, affecting P. S. c. 212, §§

14-28 St. 1882,0.127

ASSAYER.

of liquors, duties, affecting P. S. c.

100, § 29 St. 1882, c. 221

ATTORNEY-AT-LAW.

a woman may be, affecting P. S. c.

159, § 34 St. 1882, c. 139

AUDITOR.

value of pound sterling fixed in ac-
counts of, relating to P. S. c. 1(>,

St. 1882, c. 110
BAIL.

defendant in criminal case may de-
l)osit money, etc., repealing P. S.

c. 212, § 68 St. i882, c. 134

BALLOTS.

detached " stickers " not to be count-
ed, relating to P. S. c. 7 . . . .

St. 1882, c. 2G0
BASTARD.

descent of lands of, amending P S.

c. 125, M St. 1882, c. 132

BENEFICIARY ASSOCIATIONS,
general provisions, aincaiding P. S.

c. im, §§ 8, U . . . St. 18S2, c. 195
may be formed by railroad and
steamboat employe's, relating to
P. S. c. 115 .... St. 1882, c. 244
BRIDGES.

provision against fast driving over,
when supported in part by coun-
ty, affecting P. S. c. 53. § IS . .

St. 1882, c. 108
BUILDINGS.

insi)('ction of elevators and hatch-
ways, amending P. S. c. 104,

§ 14 St. 1882. c. 208

inspection of, amending P. S. c. 103,
§ 10; c. 104, §§ 15, 20, 22-24 . . .

St. 1882, c. 206
BUREAU OF STATISTICS.

title amended by adding words " of
labor " in P. S. c. 4, § 7 . . . .

iSt. 1882, c. (!, 1

CARRIAGES.

person liiring, how punished for re-
fusing to pay fare, etc., relating
to P. S. c. 20.:i ... St. 1882, c. 236

CHARITABLE ASSOCIATIONS.

lists and returns of property exempt
from taxation, affecting P. S. c.
11, ^§ 5, 38, 90; c. 13, § 6 . . . .

St. 1882, c. 217
CHECK LIST.

certain omissions may be corrected
after close of registraticm, relat-
ing to P. S. c. 6 . . . St. 1882. c. 2(»
how long to be kept after election,
amending P. S. c. 7, § 29 . . .

St. 1882, c. 74
CHILDREN.

under twelve not to be imprisoTied,
etc., affecting P. S. c. 2K"), § 18; c.
212, §§ 14-28; c. 89 . . St. 1882, c 127
pauj)erand neglected, how jiroviiled
for, araendin<: P. S. c. 86, ^ACr. and
affecting P. S. c. 89; c. 48, 5^ IS-

21 St. 1882, c. 181

under two years, abandonment of,
how iiunished, relating to P. S.

c. 48 St 1882, c. 270. §§1,2

under one year, person receiving,
for board to notify overseers of
poor, etc., relating to P. S. c. so.

§ 60 St. 1882, c. 270, § 3

See B.\ST.\RD.
CHRISTMAS DAY.

falling on Sumhiv, affecting P. S. c.
2, § 34; c. 77, § 8; .c. 160, § 4 . .

St. 1882, c. 49
CITY.

See Town.
CLERKS.

assistant, of senate and house, com-
pensation, superseding P S c. 2,

§ 22 St. 1882, c. 2r)7, § 1

to be entitled to certain docu-
ments, amending P. S. c. 4, § 10,

St. 1882, c. 158
COMMON LANDING-PLACE.

location of, iu)w fixed, relating to

P. S. c. 49. §§ 13, 9S . St. 1882, c. 109
COMMON VICTUALLER.

having li(]Uor license, to close from
twelve at uii;lii till five, relating
to !'. S. c. 100 . . .St. 1882, c. 242
COMMONWEALTH.

funds of, bow iiucsted, atTt'ctin^ I'.

S c, k;, § tiu . . . . St. 1882, c. 130

Subjects of New Legislation, 1882.

xlv

CONGEESSIONAI. DISTRICTS.

su2>er.sediu>i; P. S. c. i), §§ 1, '.i . . .

St. 1882, c. 253
CONNECTICUT RIVER.

rt'gulat-ioiis about log-driving,
ameudiiig P. S. c. 94, § 5 . . .

St. 1882, c. 274
CO-OPERATIVE ASSOCIATIONS.
Saving fund and loan, general pro-
visions, amending P, S. c. 117, §§

8, 9, 10, 16 1882, "c. 251

COSTS.

in appeals for abatement of taxes,
amending P. S. c. 11, § 71 . . .

St. 1882, c. 218
appeals from taxation of, bow
heard, amending P. S. c. 198,

§ 25 St. 1882, c. 235

term fees limited, affecting P. S. c.

198, § 28 St. 1882, c. 2G4

COUNTY COMMISSIONERS.

may regulate travel over county
bridges, etc., affecting P. S. c.53,

US St. 1882, c. 108

CRIME.

blank forms for returns concerning,
to be furnisbed by prison com-
missioners, etc., affecting P. S.
c. 219, §§ 31-39 . . .St. 1882, c. 226
DEBT.

See Municipal Indebtedness.
DEER.

provisions for protection of, amend-
ing P. S. c. 92, §§ 8, 10 . . . .

St. 1882, c. 199
DEPOSITION.

to perpetuate testimony, ametiding

P S. c. 169, § 54 . . .St. 1882, c. 140
DESCENT.

of lands of bastard, amending P. S.

c. 125. § 4 St. 1882, c. 132

DISTRIBUTION.

of personal estate of married woman,
affecting P. S. c. 135, § 3 ...

St. 1882, c. 141
DISTRICT ATTORNEY.

for eastern district may have an as-
sistant, relating to P. S. c. 17 . .

St. 1882, c. 157
for eastern district, salary increased,
affecting P. S. c. 17, § 15 ...

St. 1882, c. 156
assistants in Suffolk, salaries in-
creased, affecting P. S. c. 17, § 15,

St. 1882, c. 245, § 2
DISTRICT COURTS,

See PoMCK AND District Courts.
DISTRICT POLICE.

duties in inspection of buildings,
amending P. S. c. 104, § 14 . . .

St. 1882, c. 208
amending P. S. c. 104, §§ 20, 23, 24;

c. 103, § 10 St. 1882, c. 266

DIVORCE.

decrees to be in what form, amend-
ing P. S. c. 146, § 19 . St. 1882, c. 223
statistics of, to be collected, etc., re-
lating to P. S. c. 146 . St. 1882, c. 194

DOORKEEPERS.

of senate and bouse, compensation
and limit of number, superseding

P. S. c. 2, §§ 17, 27

St. 1882, c. 257, §§ 2, 4
DRUGS.

general provisions to prevent adul-
teration of, relating to P. S. c.

208 St. 1882, c. 263

ELECTIONS.

provisions for correcting and pub-
lishing returns, affecting P. S.

c. 7 St. 1882, c. 28

See Check List; Ballots.
ELEVATORS.

inspection of, amending P. S. c. 104,

f^ 14 St. 1882, c. 208

ESCAPE.

of jirisoner while at labor outside
of prison, relating to P. S. c. 220,

§ .50 St. 1882, c. 198

EXCEPTIONS.

how established in case of death or
disability of judge, affecting P.
S. c. 15.S, ^3'. . . . St. 1882, c. 239
EXPLOSIVE COMPOUNDS.

use of. may be regulated by select-
men, etc., relating to P. S.c. 102,

§§ 54, 55 St. 1882, c. 272

notice of place of storage to be
given, etc., relating to P. S. c.
102, §^ 54-79 . . . .St. 1882, c. 269
FACTORIES.

inspection of, amending P. S. c. 103,
§ 10; c. 101, §§ 15,20,22-24 . . .

St. 1882, c. 266
amending P. S. c. 104, § 14 . . .

St. 1882, c. 208
FEES.

of officers for summoning witnesses
in criminal cases, affecting P. S.

c. 199, § 6 St. 1882, c. 215

FIRE.

penalty for causing, in woodlands,
relating to P. S. c. 203 ... .

St. 1882, c. 163
FIRE-ESCAPES.

provisions amending P. S. c. 103, § 10;

c. 104, §§ 15, 20, 22-24

St. 1882, c. 266
FISH AND FISHERIES.

unlawful taking from seines, etc.,
how punished, relating to P. S.
c. 91 ...... . St. 1882, c. 53

penalty for catching female lobster
bearing eggs, etc., amending P.
S. c. 91, §§ 81, 82 . . St. 1882, c. 98
in Edgartown, relating to P. S. c. 91.

St. 1882, c. 65; St. 1882, c. 102
in Merrimack Kiver, relating to P. S.

c. 91 . . . . . . .St. 1882, c. 166

FOOD.

general provisions for preventing
adulteration of, relating to P. S.

c. 208 St. 1882, c. 263

FORESTS.

penalty for causing destruction of,
by' fire, relating to P. S. c. 203 .

St. 1882, c. 163

xlvi

Subjects of New Legislation, 1882.

FOilj-iSTS — Continued.

uitivation of, by cities and towns,

relating to Title VII

St. 1882, c. 255
FBAUD.

on person letting horse or carriage,
how punished, relating to P. S. c.

203 St. 1.SS2, c. 230

GRAND ARMY OF THE REPUBLIC,
may use state camp-ground, relating
to P. S. c. 14 . . . Res. 1882, c. 15
GUNPOWDER.

notice of place of storage to be
given, etc., affecting P. S. c. 102,

f§ .54-79 St. 1882, c. 269

HABEAS CORPUS.

P. S. c. 185, § 18, amended by . . .

St. 1882, c. 6, § 3
HARBOR.

assistant harbor masters may be ap-
pointed, relating to P. S. o. til),

§§ 23-34 St. 1882, c. 216

lines fixed at East Boston, affecting
P. S c. 19, § 7 ... St. 18S2, c. 48
at Gloucester, affecting P. S. c. 19,

§7 St. 1882, c. 103

HEALTH, LUNACY, AND CHARITY,
BOARD OF.
general powers, in inspection of food
and drugs, relating to P. S. c. 208.

St. 1882, c. 263
custody of juvenile offenders,
affecting P. S. c. 155, § 49; c. 212,
§§ 14-28 .... St. 1882, c. 127, § 2
care of indigent and neglected
children, relating to P. S. c. 48;
c. 86, §§ 44-47 ; c. 89 . St. 1882, c. 181
care of illegitimate children under
age of one year, relating to P. S.

c. 48; c. 80,"§60

St. 1882, c. 270, § 3
HIGHWAY.

See Way.
HORSES.

person who hires, how punished for
cheating, etc., relating to P. S.

c. 203 St. 1882, c. 236

HOUSE OF CORRECTION.

" respectively " substituted for " re-
spectfully," in P. S. c. 220, § 49.

St. 1882, c. 6, § 4
See Prisons.
INDEXES.

to general statutes to be prepared,

relating to P. S. c. 4

St. 1882, c. 238
INSPECTORS.

of factories and public buildings.
See DisTuicT Police.
JAIL.

" respectivelv" sub.stituted for "re-
spectfully," in P. S. c. 220, § 49,

St. 1S82, c. (i, § 4
Sec PiusoNS.
JUDGE OF PROBATE AND INSOL-
VENCY.
for Mi(ldlcs(!.\, salary increased,
affecting P. S. c. 158 § 2.S . . .

St. 1882, C.129

LANDING-PLACE.

common, location of, how fixed, re-
lating to P. S. c. 49, §§ 13,98 . .

St. 1882, c. 109
LAW^ LIBRARIES.

aid from the counties, amending P.

S. c. 40, § 6 . . . . St. 1882, c. 246
LICENSES.

for intelligence offices, junk dealers,
pawn-brokers, etc., amending P.
S. c. 102, § 124 . . . St. 1882, c. 258
See Liquors.
LIMITATION OF ACTIONS.

upon mortgage after twenty years'
quiet enjoyment of mortgagor,
relating to P. S. c. 176 ....

St. 1882, c. 237
LIQUORS.

common victualler to close from

twelve at night till five, relating

to P. S. c. 100 ... St. 1882, c. 242

not to be sold within four hundred

feet of schoolhouse, relating to

P. S. c. 100 St. 1882, c. 220

amendment to " screen " law, and
provision for sworn statement
from sureties on bond, amending
P. S. c. 100, §§ 12, 13 . St. 1882. c. 259
notice of application for license,
how published in Boston,
amending P. S. c. 100, § 6 . . .

St. 1882. c. 222
how analvzed, affecting P. S. c. 100,

§§15,^29 St. 1882, c, 122

LITERARY INSTITUTIONS.

lists and rciturns of property exempt
from taxation, affecting P. S. c.
11, §§ 5, 38, 90; c. 13, § 6 . . . .

St. 1882, c. 217
LOBSTERS.

iinlawful taking from traps, trawls,
etc., how punished, relating to

P. S. c, 91 St. 1K82, c. 53

preservation of, amending P S. c. 91,

§§,H1,S2. St. 1882, c. 98

LOCOMOTIVE.

boilers to be tested, relating to P. S.
c. 112, §§ 170-179 . . St. 1882, c. 73
LOGS.

regulations for driving, in Connecti-
cut River, amending P. S. c. 94,

§ 5 St. 1882, c. 274

MARRIED WOMAN.

personal t'siatc of, liow distributed,
affecting P. S. c. 135, § 3 ...

St. 1882, c. 141
MAYOR.

right to vote defined, amending P. S.

c, 28, § 7 St. 1S82, c. ISO

vacancv in otlice of, how tilled, re-

latinir to P. S. c. 2S . St. 1882, c. 182
MAYOR And ALDERMEN.

words, how construed, relating to P.

S. c. 3; (• 2S , . . . St. 1S82, c. 164
MEMORIAL DAY.

veteran soldiers may iiarado with
arms on, amending P. S. c 14, §
1J7 St. 1882, c. 179

Subjects of New Legislation, 1882.

xlvii

MESSENGERS.

of senate and honse, compensation
and limit of nnniber, supersed-
ing P. S. c. 2, §§ 17. -27 ... .

St. 1882, c. 257, §§ 2, 4
MILITIA.

portion of infantry to be trained in
drill of heavy artillery, amend-
ing P. S c. 14, § 2:^ . . St. 1882, c. 97
compensation of, amending P. S. c.

14, § 130 St. 1882, c. 178

MINING COMPANIES.

taxation of, affecting P. S. c. 1.3, §

43 St. 1882, c. 106

MINORS.

parents neglecting to support, how
punished, relating to P. S. c. 48,

St. 1882, c. 270, § 4
See Children.
MORTGAGE OF REAL PROPERTY,
taxation of, affecting P. S. c. 11, §§

14. 15, .38 St. 1882. "c. 175

how barred after twenty years' quiet

possession of mortgagor, relating

to P. S. c. 17(i . . .St. 1882, c. 237

foreclosure sale, how advertised,

amending P. S. c. 181, § 17 . . .

St. 1882, c, 75
MUNICIPAL COURTS.

of city of Boston, additional asso-
ciate justice for, amending P. S.

c. 154, § 55 St. 1882, c. 41

of East Boston district, includes
Winthrop, affecting P. S. c. 154,

§ 42 St. 1882, c. 14G

justices may interchange services,
amending P. S. c. 154, § 42 . . .

St. 1882, c. 43
MUNICIPAL INDEBTEDNESS,
proijortionate payments instead of
sinking fund, affecting P. S. c.

29 St. 1882, c. 133, § 1

returns of sinking fund to tax com-
missioner, etc., affecting P. S. c.
11, § '.II . . . . St. 1882. c. 133, § 2
MUTUAL AID ASSOCIATIONS.
See Beneficiary Associations.
NAMES.

in tax bills, how corrected, etc., re-
lating to P. S. c. 6 . . St. 1882, c. 247
OFFICERS.

to make returns of arrests to prison

commissioners, relating to P. S.

c. 219, §§ 31-39 . . .St. 1882, c 226

compensation of, for attending upon

sheriff's jury, affecting P. S. c.

49, § 47 St. 1882, c. 96

for attendance on supreme court,
affecting P. S. c. 159, § 68 . . .

St. 1882, c. 232
on superior court in Suffolk,
affecting P. S. c. 159, ^69 . .

St. 1882, c. 245, § 3
fees for summoning witnesses, affect-
ing P. S. c. 199, § 6 . .St. 1882, c. 215
PAGES.

of senate and house, compensation
and limit of number, supersed-
ing P. S. c. 2, §^ 18, 27 ... .

St. 1882, c. 257, §§ 3, 4

PARADE.

of veteran soldiers at decoration
of soldiers' graves, amending P.
S. c. 14, § 127 . . . . St. 1882, c. 179
PARDON.

imprisonment of convict after condi-
tion broken, amending P. S. c.

218, § 14 St. 1882, c. 197

PARKS.

may be laid out by cities and towns,
etc., relating to P.S. Title VII. .

St. 1882, c. 154
PARTITION.

upon whom binding, amending P. S.

c. 178, § 63 . . . . St. 1882, c. 6, § 2
notice of petition, how published,
amending P. S. c. 178, § 51 . . .

St. 1882, c. 55
PAUPERS.

liable for their own support, relating
to P. S. c. 84 . . . . St. 1882, c, 113

See ClIlLDKEN.

PETROLEUM.

penalty for selling without inspec-
tion, etc., amending P. S. c. 59,

§ 7 St. 1882, c. 250

PILOTS.

additional, may be appointed for
ports other than Boston, affect-
ing P. S. c. 70 ... St. 1882. c. 174
POLICE AND DISTRICT COURTS.

district court of Hampshire estab-
lished, relating to P. S. c. 154 . .

St. 1882, c. 227

police court of Cambridge abolished,
and third and fourth district
courts of Eastern Middlesex, and
the police courts of ^larlborough
and Brookline established, relat-
ing to P. S c. 154 . . St. 1882, c. 233

Hopkiiiton taken from district of
Southern Middlesex, affecting P
S. c. 154, § 2 . . . .St. 1882, c. 169

bonds to be filed in appeals, modify-
ing P. S. c. 154, § 39 . St. 1882, c. 95

office of clerk of police court of
Chelsea established, relating to
P. S. c. 154 .... St. 1882, c. 176

salaries of various justices, clerks,
and constables increased, affect-
ing P. S. c. 154, § 64

St. 1882, c. 245, § 1

salary of clerk of Lowell police
court increased, affecting P. S. c.
154, § 64 St. 1882, c. 63

salary of clerk of first district of
Eastern Middlesex increased,
affecting P. S. c. 154, § 64 . . .

St. 1882, c. 87
POLICE COMMISSIONERS.

may require attendance of wit-
nesses, etc., amending P. S. c.

K;!), ijs^ 7.8 St. 1882, c. 267

POOR CONVICTS.

may be discharged by trial justice,
when, amending P. S. c. 222,

§17 St. 1882, c. 201

POUND STERLING.

exchangealilt^ value of, fixed, relat-
ing to P. S. c. 16; c. 77 . . . .

St. 18S2, c. 110

xlviii

Subjects of New Legislation, 1882.

PRISONS.

IJiovision for removal of jirisoners
to liospitals by prison commis-
sioners, relating to P. S. c. 219,

St. 1882, c. 207
prisoners may be transferrer! from
house of correction to jail, etc.,
relating to P. S. c. 21!), §4; c. 220,

§2 St. 1882, c. 241

escape of prisoner at work outside
of prison, relating to P. S. c 220,

§ 50 St. 1882, c. 198

discharge of poor convicts, amend-
ing P. S. c. 222. § 17 .St. 1882, c. 201
PROBATION OFFICERS.

in city of Boston, number and
tenure of oihce, amending P. S.

c. 212,^ 78 St. 1882, c. 125

PUBLIC DOCUMENTS.

distribution of, amending P. S. c. 4,

§ 10 St. 1882, c. 158

PUBLIC DOMAIN.

may be set ai)art for the culture of
forest trees, relating to P. S. Title

VII St. 1882, c. 255

RAILROADS.

commissioners to certify to necessity
and convenience of propo.sed
route, consent to location within
three miles of state house, etc.,
relating to P. S. c. 112 ....

St. 1882, c. 265

alteration of crossings, etc., appeal

from couJity commissioners to

railroad comrai.ssioners, affecting

P. S. c. 112, §§ 129, 138 ... .

St. 1882, 0. 135
employes may form relief societies,
etc., relating to P. S. c. 115 . .

St. 1882, c. 244
cars to be furnished with tools and
safeguards against fire, amend-
ing P. S. c. 112, §§ 171, 205 . . .

St. 1882, c. 54
locomotive boilers to be tested , relat-
ing to P. S. c. 112, §§ 170-170 . .

St. 1882, c. 73
not to discriminate in freight rates,
relating to P. S. c. 112, §§ 187-

191 St. 1882, c. 94

amended by St. 1882, c. 225

fencing of, amending P. S. c, 112, §

115 St. 1882, c. ir.2

REGISTER OF PROBATE AND IN-
SOLVENCY,
salary of assistant, in Suffolk, affect-
ing P. S. 158, § 23 . . St. 1882, c. 144
REGISTRATION OP VOTERS,
errors in names, how corrected, re-
lating to P. S. 0. (I . . St. 1882, c. 247
error by assessors may be corrected
after close of r(;gistration, relat-
ing to P. S. c. (i . . . St. 1882, 0. 268
RELIEF SOCIETIES.

may bo formt'd by railroad and
st<'ambi):ii employes, etc., relat-
ing t... I'. S c. 11.^)' . .St. 1882, 0.244
REPRESENTATIVES.

house of, compfusation of assistant
clerk, dourkeepers, etc., super-
seding P. S. c. 2, §§ 17, 18, 22, 27,

St. 1882, c. 257

KEVIE^W.

stay of execution without security,
when, amending P. S c. 187, § 39,

St. 1882, c. 249
SALARIES.

district attorneys, assistants, etc., af-
fecting P. S. c 17, § 15 . . . .
St. 1882, c. 156; St. 1882, c. 245, § 2
general court, certain ollicers of, af-
fecting P. S. c. 2, §§ 17, IS, 22 . .

St. 1882, 0.257.
librarian, assistant, of state library,
affecting P. S. c. 5, § 18 . . . .

St. 1882, c. 29
militia. See Militia.
officers in attendance on courts, af-
fecting P. S. c. 159, §§ 68, 69 . .
St. 1882, c. 232, § 1 ; St. 1882, c. 245, § 3
police, district, and municipal
judges, clerks, and constables,
affecting P. S. c. 154, § ()4 . . .
St. 1882, c. 41, ^ 2; St. 1882, c. 63;
St. 1882, c. 87; St. 1882, c. 176,
§ 3; St. 1882, c. 227, § 2; St.
1882, c. 233, § 6; St. 1882, c.

245, § 1.
probate judges, registers, etc., affect-
ing P. S. c. 158, § 23

St. 1882, c. 129; St. 1882, c. 144
savings bank commissioners, clerks
of, affecting P. S. c. 116, § 2 . .

St. 1882, c. 148
state prison, officers of, affecting P.S.

c. 221, § 11 ...

St 1882, c 20.3, § 3
superior court judges, affecting P. S.

1.52, § 28 . . . . . .St. 1882, c. 205

SAVING FUND AND LOAN ASSO-
CIATIONS.

See Co-operative Associatioks.
SAVINGS BANKS.

salaries of clerks of commissioners
increased, affecting P. S. c. 116,

§ 2 St. 1882, c. 148

what investments authorized, affect-
ing P. S. c. 116, § 20 . St. 1882, c. 231
investment in bank stock limited,
affecting P. S. c. 116, § 20, d. 4,

St. 1882, c. 224
time for selling lands extended,
affecting P. S. c. 116, § 20, cl. 8.

St. 1882, c. 200
names of members of board of in-
vestment to be published, re-
ferred to P. S. c. 116, §§ 21, 22 .

St. 1882. c. 50
receivers to deposit books and pa-
pers with commissioners, relat-
ing to P. S. c. 116, § 44 . . . .

St. 1882, c. 77
SCHOOLS.

sale of li(iuors within four hundred
feet of, prohibited, affecting P.

S. c. UK) St. 1882, c. 220

school district system abolislied,

iiftectiui; V. S. c. 45 . St. 1882, c. 219
SEALERS.

of weights and measures, how ap-
pointed, amending P. S. c. (>5,
§ 8 St. 1882, c. 42

Subjects of New Legislation, 1882.

xlix

SEATS.

to be provided for female employees,

lelatiug to P. S. c. 74

St. 1882, c. 150
SECRETARY OF THE COMMON-
"WEALTH.
to publish election returns, relating

to P. S. c. 7 . . . St. 1882, c. 28, § 3
P. S. c. 15, § 15, relating to court re-
turns repealed . !St. 1882, c. 22ti, § 3
SENATE.

compensation of assistant clerk,
doorkeepers, etc., superseding
P. S. c. 2, §§ 17, 18, 22, 27 . . .

St. 1882, c. 257
SENTENCE.

may be to jail instead of house of
correction, relating to P. S. c.
215, i^ 3 . . . . St. 1882, C.241, § 1
SOLDIERS.

may parade at decoration of soldiers'
graves, amending P. S. c. 14, §

127 St. 1882, c. 179

STATE LIBRARY.

allowance for clerical assistance in-
creased, amending P. S. c. 5, § 18,

St. 1882, c. 29
annual appropriation for books, etc.,
. superseding P. S. c. 5, § 20 . . .

St. 1882, c. 196
STATE PRISON.

number, tenure, and compensation
of officers, amending P. S. c. 221,
§ 8; and superseding P. S. c. 221,

iji^ (>, 11 St. 1882, c. 203

STATUTES.

tables and indexes to be prepared, re-
lating to P. S. c. 4 . . St. 1882, c. 238
STEAMBOATS.

employes may form relief socie-
ties, relating to P. S. c. 115 . .

St. 1882, c. 244
STICKERS.

detached, not to be counted as bal-
lots, relating to P. S. c. 7 . . .

St. 1882, c. 2G0
SUPERIOR COURT.

salaries of justices, repealing P. S.

c. 152, § 28 St. 1682, c. 205

SUPREME JUDICIAL COURT.
compensation of officers in attend-
ance upon, affecting P. S. c. 159,

§ 08 St. 1882, c. 232

TAXES.

"of indebtedness" substituted for
"due," in P. S. c. 11, §4 . . .

St. 1882, c. 76
how assessed upon mortgaged real
estate, amending P. S. c. 11, § 14,

St. 1882, c. 175
how assessed upon personal property
of assignees, joint owners, etc.,
amending P. S. c. 11. § 20 . . .

St. 1882, c. 165
lists and returns of property held for
charitable, etc., purposes, affect-
ing P. S. c. 11, §§ 5, 38, iJO; c. 13,

§ 6 St. 18H2, c. 217

costs in appeals for abatement,
amending P. S. c'. 11, § 71 . . .

St. 1882, c. 218

TAXES — Continued.

surrender of tax title to city regu-
lated, affecting P. S. c. 12, § 39,

St. 1882, c. 243, § 3
purchaser of tax title to file certifi-
cate of residence or appoint at-
torney, etc., affecting P. S. c. 12,
§ 50 .... St. 1882, c. 243, §§ 1, 2
upon foreign mining, quarrying, and
oil companies, affecting P. S. c.

13, § 43 St. 1882, c. 106

errors in names upon bills, how cor-
rected, relating to P. S. c. 6 . .

St. 1882, c. 247
TENEMENT HOUSES.

to be provided with fire-escapes,
amending P. S. c. 104, § 20 . . .

St. 1882, c. 266, § 2
TITLE.

to real estate clouded by undis-
charged mortgage, how settled,
relating to P. S. c. 176 ....
St. 1882, c.
TOWN.

proportionate annual payment of
debt instead of sinking fund,

affecting P. S. c. 29

St. 1882, c. 133, § 1

returns of sinking fund, etc., to tax

commissioner, affecting P. S. c.

11, § 91 . . . . St. 1882, c. 133, § 2

how notified of injury received on

highway, etc., amending P. S. c.

52, § 19 St. 1882, c. 36

mav lav out public park, relating to

-p. S. c. 27 St. 1882, c. 154

may set apart " public domains " for
culture of forest trees, etc., re-
lating to P. S. Title VH. . . .

St. 1882, c. 255
TOY PISTOLS.

use of may be regulated by select-
men, etc., relating to P. S. c. 102,

§§ 54. 55 St. 1882, c. 272

TREASURER AND RECEIVER-

GENERAL,
extra clerical assistance, affecting P.

S. c. 16, § 17 . . . . St. 1882, c. Ill
standard of exchange fixed in ac-
counts of, relating to P. S. c: 16,

St. 1882, c. 110
TREES.

laud may be taken by cities, etc., for
development of forests, relating

to P. S. Title VII

St. 1882, c. 255
TRIAL.

of cases where two or more shire
towns in one county, relating to

P. S. c. 167, §§ 67-73

St. 1882, c. 264, § 2
UNITED STATES.

to have jurisdiction over land pur-
chased for United States fish
and fisheries commission,
amending P. S. c. 1, § 4 . . . .

St. 1882, c. 131
VOTERS.

See Registration of Voters.
VOTING LIST.

See Check List.

Subjects of New Legislation, 1882.

•WAY.

notice of injury received on, amend-
ing p. S. c. 52, § 19 . St. 1882, c. 36
WITNESSES.

before board of police commission-
ers, amending P. S. c. 1(59, §§ 7, 8,

St. 1882, c. 2G7
fees for summoning, in criminal
cases, affecting P. S, c. 199, § 6,

St. 1882, c. 215

WOMEN.

may practise law, relating to P. S.

c. 159, § 34 St. 1H82, c. 139

employed in factories, shops, etc., to
liave seats, relating to P. S. c. 74,

St. 1882, c. 150
See Married Woman.

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